Church Mutual Ins. Co. v. Green, et al., No. 13-1613 (8th Cir. 2014)
Annotate this CasePlaintiff and the Estate of John Green appealed from the district court's grant of summary judgment in favor of Church Mutual. The court affirmed the district court's conclusion that coverage for the injuries plaintiffs suffered because of their exposure to carbon monoxide was precluded by the pollution exclusions contained in the relevant policies where the court held that the Nebraska Supreme Court would conclude that carbon monoxide constituted a "pollutant" under the policies. The district court did not abuse its discretion in excluding the testimony of plaintiffs' expert. The court also concluded that the district court did not err in rejecting plaintiffs' estoppel claim where the insured suffered no actual prejudice or harm as a result of Church Manual's delay in reserving its rights. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Insurance. Where plaintiffs suffered carbon monoxide poisoning from a defective furnace, the district court did not err in denying plaintiff's claim for coverage for their injuries based on the pollution exclusions in the relevant policies because the Nebraska Supreme Court would conclude that carbon monoxide constitutes a pollutant; nor did the district court err in rejecting plaintiff's argument that the insurer was estopped from denying coverage because of a delay in reserving its rights.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.