Lee Applebaum Wins Affirmance of a Summary Judgment

Lee Applebaum, head of Fineman, Krekstein & Harris’ appellate litigation department, recently won affirmance of a summary judgment finding that an insurer had no duty to defend or indemnify under the total pollution exclusion.  Lee obtained summary judgment in the Lackawanna County Court of Common Pleas, after the Court agreed that the gas at issue was a pollutant, the insurance broker was the insured’s agent and not the carrier’s agent, the insured had no reasonable expectation of coverage, and public policy did not require a different outcome.  After submission of briefs and oral argument, the Superior Court of Pennsylvania agreed.