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Connecticut Specialty Insurance Co. v. Loop Paper Recycling2/17/2005
the atmosphere, and that the policy's absolute pollution exclusion barred coverage.
We note that " he distinction we draw here * is by no means scientific, but one must remember that insurance contract interpretation 'is at bottom a practical art.'" Pipefitters, 976 F.2d at 1044, quoting Continental Casualty Co. v. Pittsburgh Corning Corp., 917 F.2d 297, 301 (7th Cir. 1990). Nevertheless, we draw this distinction because we are not satisfied, nor is it helpful, to have a "We-know-it-when-we-see-it" standard for what constitutes traditional environmental pollution.
Furthermore, we do not say that the release of a pollutant that is contained within an insured's property cannot constitute traditional environmental pollution. We only hold that, in this case, the release of toxins by the burning cardboard into the neighborhoods surrounding the Riverdale facility constituted traditional environmental pollution. Thus, the circuit court correctly found that the "absolute pollution exclusion" in Coverage B barred coverage
Affirmed.
GREIMAN and THEIS, JJ., concur.
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