MBS Leads Fifth Circuit Appeal in Complex Pollution-Exclusion Coverage Dispute

Overview

After a contractor was exposed to carbon-monoxide at a chemical manufacturer’s facility, the contractor sued the manufacturer for personal injuries. The manufacturer’s insurers ultimately refused to defend or indemnify the manufacturer, contending that the personal-injury claims fell within the policy’s pollution exclusion. A federal district court in Houston agreed, granting summary judgment to the insurers. The manufacturer hired MBS to appeal the summary judgment to the Fifth Circuit, where the appeal remains pending.