In Scottsdale Ins. Co. v. Univ. Crop Protection Alliance, LLC, No. 09-1774, a declaratory judgment action seeking a ruling that a pollution exclusion in defendant’s insurance policy relieved plaintiff of any obligation to defend or indemnify defendant, the court affirmed summary judgment for plaintiff where 1) in the insurance policy coverage context, a declaratory judgment action is ripe irrespective of whether the underlying litigation is ongoing or resolved; and 2) the underlying complaint made clear the relofted particulates at issue were toxic, and therefore, would qualify as “pollutants” under the policy.

Related Resources

  • Full Text of Scottsdale Ins. Co. v. Univ. Crop Protection Alliance, LLC, No. 09-1774
  • Full Text of US v. Seay, No. 09-2778

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