Clean Up Hitters

We represented the owners of a commercial building in which tenants' inventories were ruined due to a sewage back-up that occurred after a heavy rainfall. Drain pipes had been clogged by another tenant's dumping of restaurant waste into the plumbing system. Our client's insurance carrier refused to cover our client's significant losses on the basis of a pollution exclusion in the insurance policy. We took the insurer to court and defeated its motion for summary judgment, which was based on that pollution exclusion. Shortly after the court's ruling, the insurance company settled by paying our client's claim.