In a victory for an insurer seeking to keep a business liability policy from being tapped for pollution cleanup, a divided Superior Court panel rejected a Cambria County trial court’s ruling that held the carrier responsible for cleaning up an oil spill despite an exemption in its contract.
In Jaskula v. Essex Insurance Co., PICSCase No. 06-0746 (Pa. Super. May 26, 2006) Todd, J.; Popovich, J. dissenting (9 pages), the trial judge said that the exemption was ambiguous and should be resolved in favor of the policyholder.
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