On March 14, 2008, on behalf of Great American Insurance Company, David Walulik was affirmed on appeal from a summary judgment victory that commercial insurance policies precluded environmental damage claims in a case that resulted in the reported opinion, M&M Metals Int’l Co. v. Continental Cas. Ins. Co., 2008 WL 683970 (1st Dist. Ohio March 14, 2008). This was a $21 million case involving PCB and lead contamination at seven sites in four states. The policyholder unsuccessfully argued that Great American should be estopped from relying upon pollution exclusions due to alleged misrepresentations to Ohio insurance regulators when policy forms were adopted in Ohio.
M&M Metals, Int’l. v. Continental Cas. Co.