American Cas. Co. of Reading, Pa. v. Miller

INTRODUCTION

A worker in a public sewer system was seriously injured when a furniture stripping business released methylene chloride into the sewer system where he was working. The trial court granted summary judgment to the insurer of the furniture stripping business on the basis of a pollution exclusion clause contained in a comprehensive general liability policy (the CGL policy). We affirm. The injured worker’s injuries arose from an event commonly thought of as environmental pollution. An ordinary insured would reasonably expect that the release of methylene chloride into a public sewer is environmental pollution. (MacKinnon v. Truck Ins. Exchange (2003) 31 Cal.4th 635 [ 3 Cal.Rptr.3d 228 , 73 P.3d 1205 ] (MacKinnon).)

FACTUAL AND PROCEDURAL BACKGROUND

1. The Furniture Stripping Business

Defendant and appellant Michael Miller (Miller) owned a furniture stripping business called Stripper Herk located in Santa Monica, California. As part of the business, Stripper Herk generated wastewaters containing solvents, including methylene chloride, and generated hazardous wastes that accumulated in drums on the premises.

The City of Santa Monica (the City) issued Stripper…