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NAUTILUS INS. CO. v. COUNTRY OAKS APARTMENTS LTD.

No. 08-50652.

566 F.3d 452 (2009)

NAUTILUS INSURANCE COMPANY, Plaintiff-Appellee, v. COUNTRY OAKS APARTMENTS LTD., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 2009.

Attorney(s) appearing for the Case

John C. Tollefson (argued), Stephen A. Melendi, Tollefson, Bradley, Ball & Mitchell, Dallas, TX, for Nautilus Ins. Co.

Jeffrey E. Dahl (argued), Harkins, Latimer & Dahl, San Antonio, TX, for Country oaks Apartments, Ltd.

Alex M. Miller (argued), Watts Law Firm, San Antonio, TX, for Kaia Alvarado.

Laura Anne Foggan, Wiley Rein, LLP, for Complex Ins. Claims Lit. Ass'n.

Before GARWOOD, OWEN and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Once again we address the scope of the absolute pollution exclusion in an insurance policy under Texas law. Concluding that the exclusion unambiguously applies to exclude liability coverage for injuries caused to Kaia Alvarado by the pollutant carbon monoxide seeping, discharging, releasing and dispersing into an apartment owned by Appellant and leased by Kaia's mother, we AFFIRM the district court's grant of summary judgment.

I...

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