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State Farm Fire & Casualty Co. v. Acuity3/15/2005
ents and escapes or dispersals different enough from what a reasonable person might associate with pollution and contamination that we found the pollution exclusions ambiguous. Here, where the pollutant is fuel oil, an unambiguous pollutant, the substance's toxicity and pollutant character would not be separated by a reasonable person from its smell. Similarly, a fuel oil escape that occurs while an insured is attempting to remove tanks containing the oil is not like the ordinary event of the drain backing up or the extraordinary event of an arson fire because it falls squarely within the activities a reasonable person would associate with contamination and pollution. Guenther and Beahm are thus not controlling in this case.
. An insured cannot have a reasonable expectation of coverage where an unambiguous policy excludes coverage, and we conclude that a reasonable person in the position of the insured would understand the Acuity business liability policy not to cover damages "arising out of" the dispersal or escape of an unambiguous pollutant such as fuel oil.
By the Court.-Judgment affirmed.
Recommended for publication in the official reports.
Ordered published (04-29-2005).
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