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LEO HAUS, INC. v. SELECTIVE INS.

801 A.2d 419 (2002)

353 N.J. Super. 67

LEO HAUS, INC. and Mati Haus, Plaintiffs-Appellants, v. SELECTIVE INSURANCE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2002.

Attorney(s) appearing for the Case

Valter H. Must, Lakewood, argued the cause for appellants (Rothstein, Mandell, Strohm, Must & Gertner, attorneys; Mr. Must, on the brief).

Gary S. Kull, Gladstone, argued the cause for respondent (Carroll, McNulty & Kull, attorneys; Mr. Gull and James W. Gunson, of counsel and on the brief).

Before Judges A.A. RODRÍGUEZ, LEFELT and LISA.

The opinion of the court was delivered by LISA, J.A.D.

We consider in this case whether a pollution exclusion provision in a home builder's commercial liability insurance policy applies to personal injuries suffered by the homeowners when the home's heating units discharged carbon monoxide over a one year period. On cross-motions for summary judgment, the trial judge granted the motion of defendant, Selective Insurance, thereby...

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