Country Mutual Insurance Company v. Bible Pork, Inc.

Twenty-one plaintiffs filed suit against livestock producer, seeking to have proposed hog factory facility declared a nuisance before it became operational. Plaintiffs alleged that facility would be a source of disagreeable noises, odors, dust particles, surface water contaminations, and loss of property values.Allegations in underlying complaint constituted a claim for damages and set forth the elements necessary to trigger a duty to defend, including injury or damage caused by an "occurrence". Pollution exclusions do not apply to abrogate insurer's duty to defend.(CHAPMAN, concurring; MOORE, dissenting.)