Release of Ammonia Excluded by Pollution Exclusion
In Union Insurance v. Mendoza, Mendoza was injured by breathing in ammonia fumes. Ammonia fertilizer was being sprayed onto farm land next to where Mendoza was working on the highway, injuring her. Summary judgment to the insurer was affirmed. The claim was excluded under the pollution exclusion clause, which was not ambiguous. Recent Kansas case law confirmed that the pollution exclusion was not ambiguous and therefore enforceable. As a result, there was no coverage for Mendoza's claims and summary judgment was proper.
