Opinion
No. 125630.
November 5, 2004.
SC: 125630, COA: 228347.
Leave to Appeal Granted.
The issues are limited to (1) whether sewage is a "pollutant" under the applicable insurance policy's pollution exclusion clause, (2) whether extrinsic evidence may be used to establish an ambiguity in the pollution exclusion clause, and (3) whether defendant may be estopped from asserting the pollution exclusion. The application for leave to appeal as cross-appellant is denied.
WEAVER, J. I would not limit the grant of leave to appeal, but would allow the parties to address all the issues that they have raised.
KELLY, J. I join the statement of Justice WEAVER.