New York Court of Appeals

Belt Painting Corp., Respondent v. TIG Insurance Company, Appellant

July 1, 2003100 N.Y.2d 377

Summary

The New York Court of Appeals held that the total pollution exclusion in the commercial general liability policy was ambiguous as applied to a personal injury claim arising from inhalation of paint and solvent fumes, and therefore did not preclude coverage. The Court affirmed the Appellate Division’s summary‑judgment order granting the insured’s declaratory‑judgment claim.