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CERTAIN UNDERWRITERS AT LLOYDS v. B3, INC.

No. 108,268. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

262 P.3d 397 (2011)

2011 OK CIV APP 96

CERTAIN UNDERWRITERS AT LLOYDS LONDON, a Foreign Insurer, Plaintiff/Appellee, v. B3, INC. and NRS Consulting Engineers, Defendants/Appellants, and The Mill Creek Public Works Authority; John D. Sikes and Tamara J. Sikes, Husband and Wife; Connie Sikes, Individually and as Personal Representative of The Estate of Johnny F. Sikes; William Brunk and Kathryn Brunk, Husband and Wife; Phil Converse; Ava Converse; Paula Rush; The Janice Earlene Family Revocable Trust; Shannon Shirley and Reginald Robbins, Husband and Wife, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

July 21, 2011.

Attorney(s) appearing for the Case

Robert W. Hayden , Speck & Hayden, Oklahoma City, Oklahoma, and S. Brent Bahner , Fischl, Culp, McMillin, Chaffin, Bahner & Long, LLP, Ardmore, Oklahoma, for Plaintiff/Appellee.

Gary L. Richardson , David R. Keesling , Heidi L. Shadid , Richardson Richardson Boudreaux , Tulsa, Oklahoma, for Defendant/Appellant, NRS Consulting Engineers.

WM. C. HETHERINGTON, JR., Presiding Judge.

¶ 1 Defendants/Appellants B3, Inc. (B3) and NRS Consulting Engineers (NRS) appeal entry of an order sustaining a Motion for Summary Judgment in favor of Plaintiff/Appellee Certain Underwriters at Lloyds London (Lloyds) in Lloyd's suit for a declaratory judgment. The trial court's finding the Total Pollution exclusion in an insurance policy issued by Lloyds applied to bar coverage for liability and damages claimed in...

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