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Case Briefs

By Laura A. Foggan and Benjamin J. Theisman
June 27, 2008

Alaska Supreme Court Enforces Pollution Exclusion

The Alaska Supreme Court has ruled in Whittier Properties, Inc. v. Alaska National Insurance Co., No. 6273 (Alaska June 13, 2008) that coverage is barred by an 'absolute' pollution exclusion for gasoline leaks from an underground storage tank, holding that the exclusion is unambiguous and that the policyholder's contrary interpretation was unreasonable. The court further ruled that the 'personal injury' coverage part does not provide coverage for environmental harms. This decision is the first Alaska high court ruling on these issues.

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