Tennessee State Court Has Greater Interest In Pollution Exclusion Issue, Judge Says

Mealey's (July 9, 2019, 1:00 PM EDT) -- NASHVILLE, Tenn. — A Tennessee federal judge on July 2 dismissed a commercial general liability insurer’s suit after determining that the Tennessee state court, where an underlying suit against the insured is pending, has a greater interest in resolving the issue of whether the policy’s pollution exclusion applies to the negligent use of toxic substances that occur in the normal course of business (Philadelphia Indemnity Insurance Co. v. Priority Pest Protection LLC, No. 18-1217, M.D. Tenn., 2019 U.S. Dist. LEXIS 110657)....