8th Cir. Upholds Dismissal of Pollution Coverage Action Based Upon Issue Preclusion

ST. LOUIS — A federal appellate panel has upheld dismissal of a pollution coverage action against St. Paul Fire & Marine Insurance Co., ruling that the question of whether coverage is barred by the policy’s pollution exclusion was already decided in a related state court action.

On Sept. 1, the 8th Circuit U.S. Court of Appeals further found the insured, Doe Run Resources Corp., had a “full and fair opportunity to be heard” in the state court action.

Doe Run is a natural resources company engaged in the mining, milling, and smelting of lead and lead concentrate. Part of Doe …