Thursday, July 16, 2009

Apana v. TIG Insurance Co. (9th Cir. - July 15, 2009)

"Hey, Hawai'i Supreme Court. Some plumber went to a Costco in your Great State to unplug a drain, poured some strong chemicals down it, and accidentally got a customer sick from the fumes. The Mainland States are split about whether the 'pollution exclusion' in most insurance policies (including this one) covers only traditional environmental pollution or stuff like this, and your Awesome State hasn't yet answered this question. How about taking this one over for us and telling us what the answer is?"

That's what Chief Judge Kozinski says in his certification to the Hawai'i Supreme Court. To which he might rightly add: "And if you need me to pick up the answer personally, just let me know. My chambers would be more than happy to make the trip en mass."