Restaurant Recycling, LLC v. Employer Mutual Casualty Co., No. 17-2792 (8th Cir. 2019)
Annotate this CaseRestaurant Recycling filed suit against Employer Mutual, seeking a declaratory judgment that the insurer had a duty to defend and indemnify Restaurant Recycling. Restaurant Recycling was seeking a declaratory judgment and indemnity from an underlying lawsuit alleging that the company delivered defective shipments of recycled fat in which New Fashion Pork used as an ingredient in its swine feed. The court held that the total pollution exclusion in the insurance policy limited coverage in this case because the damage arose from dispersal of lasalocid, which Restaurant Recycling conceded was a pollutant.
Court Description: Colloton, Author, with Shepherd and Stras, Circuit Judges] Civil case - Insurance. Plaintiff was sued on claims it had delivered contaminated recycled fat for use in swine food. It then sought a declaratory judgment that its insurer, Employers, had a duty to defend and indemnify. The district court did not err in determining that coverage was barred by a total pollution exclusion in the policy.
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