Pozzuoli

Peter and Adelia Pozzuoli (Insureds) appeal from a judgment in favor of Truck Insurance Exchange (Insurer). Insureds claim language in a “pollution exclusion” clause is ambiguous, and should be construed in favor of Insureds. The trial court found the language unambiguous, and granted summary judgment in favor of Insurer. We affirm.

Background

In December 1985, the Insureds purchased the Parkway Car Wash in Escondido, a facility that also sold gasoline. The car wash included three underground gasoline storage tanks which were connected to the gasoline pumps. Insureds purchased a comprehensive liability policy for the business which was issued by Insurer.

The policy issued to Insureds by Insurer provided for liability coverage and defense of lawsuits arising from an “occurrence” or “an event, or series of events, including injurious exposure to conditions, proximately caused by an act or omission of the insured” resulting in damages which are “neither expected nor intended” by Insureds.

The policy contained a standard “pollution exclusion” clause limiting coverage. The clause excluded coverage for property damage “arising out of the discharge, dispersal, release or…