Mountain States Mutual Casualty Company v. Christopher Roinestad and Gerald Fitz-Gerald, and Tim Kirkpatrick, D/b/a…

Summary

The court held that the commercial general liability policy's pollution exclusion barred coverage for injuries caused by a restaurant's repeated disposal of cooking grease into a sewer. The quantity of grease created a substantial clog and dangerous buildup of toxic gas, making the grease a contaminant and pollutant under the policy. The court therefore reversed the court of appeals and did not reach the propriety of its remand instructions.