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APANA v. TIG INS. CO.

Nos. 08-15369, 08-15550.

574 F.3d 679 (2009)

Bill H. APANA, Personal Representative of the Estate of Corrine Apana; Corrine Apana, executor, Plaintiffs-Appellants, v. TIG INSURANCE COMPANY; John Does 1-10; Jane Does 1-10; Doe Corporations 1-10, Defendants-Appellees. Bill H. Apana, Personal Representative of the Estate of Corrine Apana; Corrine Apana, executor, Plaintiffs-Appellees, v. Tig Insurance Company, Defendant-Appellant. and John Does 1-10; Jane Does 1-10; Doe Corporations 1-10, Defendants.

United States Court of Appeals, Ninth Circuit.

July 15, 2009.

Attorney(s) appearing for the Case

Joe P. Moss, Esquire, Lihue, HI, for Plaintiffs-Appellees.

James Patrick Gallagher, Esquire, Leah M. Reyes, Esquire Henderson Gallagher & Kane, Honolulu, HI, for Defendant-Appellant.

Before: ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER CERTIFIED QUESTION TO HAWAI'I SUPREME COURT

ALEX KOZINSKI, Chief Judge.

The present case involves the application of a provision in the standard commercial general liability policy known as the "total pollution exclusion." The scope of this exclusion has been described as "one of the most hotly litigated insurance coverage questions" to arise over the past three decades. See Madison Const. Co. v. Harleysville Mut. Ins. Co., 557...

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