RaceTrac Petroleum, Inc. v. ACE American Insurance Company

Wayne D. Taylor

Case Conclusion Date:November 3, 2011

Practice Area:Insurance

Outcome:Motion to dismiss granted to commercial liability insurer affirmed

Description:Case involved a demand for coverage under a commercial liability insurance policy for personal injuries caused by inhalation of benzene vapors from gasoline. The United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of the insured's complaint because the liability policy's absolute pollution exclusion unambiguously precluded coverage for claims of injury from exposure to benzene vapors in gasoline. The appeals court also held that enforcement of the absolute pollution exclusion did not violate Georgia's public policy.