Steve Tomsche and Matt Smith will briefly discuss the Minnesota Supreme
Court's reasoning and conclusions in the Midwest v. Wolters case.
In Midwest v. Wolters the Supreme Court held that the pollution
exclusion in a liability insurance policy issued to a building contractor
applied to bar insurance coverage for bodily injuries resulting from carbon
monoxide poisoning. The indoor carbon monoxide release was caused by the
negligent installation of a boiler by the insured contractor. The Supreme
Court applied a "plain meaning approach" to insurance policy interpretation and
declined to adopt the view of a majority of U.S. jurisdictions that refuse to
enforce the pollution exclusion to exclude coverage for similar indoor releases
of pollutants. The Supreme Court also held that the insured contractor was
not afforded coverage under the reasonable expectations doctrine.
Discussion, questions and input from the audience are welcome and
Presenters:Steven Tomsche, Tomsche, Sonnesyn & Tomsche,
PAMatthew Smith, Tomsche, Sonnesyn & Tomsche, PA
Standard CLE credits approved | Event Code: 182392
Cost:Section Members: $20.00MSBA
Members but not Section Members: $25.00Non-MSBA
Members: $30.00Law Students: Free
Participation:Webcasting and teleconferencing are available. Please
indicate this option when registering. Instructions will be sent via e-mail on
Thursday, September 12.
Deadline to Register:
can register by clicking the "Register" button at the top of this
To register by mail with a check, please use the
registration form located here.
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Questions? Contact:Jennifer Carter
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