Lacy McAllister v. Lawrence County School System Board of Educations

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “an insured could reasonably have understood the provision at issue to exclude coverage for injury caused by certain forms of industrial pollution, but not coverage for injury allegedly caused by the presence of leaded materials in a private residence” (quotation omitted)
• finding that the clause did not bar coverage for carbon monoxide exposure because its use of environmental law terms of art suggested that it applied to industrial or environmental pollution and holding that the exclusion must be interpreted “in a commonsense manner”
• differentiating environmental and industrial pollution from normal business activities under pollution exclusion where the underlying action involved carbon monoxide poisoning allegations against a restaurant
• attributing legal rather than ordinary meaning to exclusion provision in liability policy
• pollution exclusion did not bar coverage for carbon monoxide poisoning injuries to restaurant patron caused by defective tandoori ovens
• “‘when construing language in an insurance policy, we “consider what an objectively reasonable insured, reading the relevant policy language, would expect to be covered” ’ ”

Source: CourtListener parenthetical corpus (CC0).