11th Circuit Affirms Dismissal of Declaratory Action Seeking Coverage for Benzene Claims

ATLANTA -- The U.S. Court of Appeals for the 11th Circuit has upheld the dismissal of a declaratory action, opining that the district court correctly concluded that defense and indemnification of underlying benzene claims was precluded by a pollution exclusion included in the insurance policy. Racetrac Petroleum Inc., v. Ace American Insurance Co., No. 11-12023 (11th Cir.).

In the Nov. 3 opinion, the appellate court found that since the benzene plaintiffs allege exposure to benzene in gasoline that they inhaled, the claims fit "squarely within the policies' pollution exclusion."

The underlying declaratory action was filed by Racetrac Petroleum Inc., which …