Country Mutual Insurance Company v. Hilltop View, LLC

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (4th) 130124
Decision Date: 
November 13, 2013
District: 
4th Dist.
Division/County: 
Schuyler Co.
Justice: 
POPE
Holding: 
Affirmed in part and reversed in part; remanded.
Pollution exclusion clause does not apply to neighbors' claims against confinement hog farm in underlying litigation for odors and application of hog manure to surrounding fields. Such odors and manure spreading are not "traditional environmental pollution." Insurer is not required to defend as insurer raised other coverage defenses in its declaratory judgment action still pending, and can choose to continue its declaratory judgment action instead of defending under a reservation of rights. (APPLETON and HOLDER WHITE, concurring.)