Atlantic Casualty Inc. Co. v. Garcia

Dist. Ct. did not err in granting plaintiff-insurance company’s motion for summary judgment in action seeking declaration that it owed no duty to indemnify claim tendered by defendants-insureds for property damage arising out of various pollutants leaking from underground storage tanks located on defendants' property. Relevant policies contained “Claims in Process” exclusion that precluded coverage for damage that had either occurred or was in process of occurring prior to inception of policies. As such, exclusion applied, even though defendants were unaware of leaks at inception of policies, since record showed that property damage occurred prior to inception of policy.