Page:Scottsdale Insurance Co. v. Morrow Valley Land Co.pdf/1

 Cite as 2012 Ark. 247

11-905 SCOTTSDALE INSURANCE COMPANYAPPELLANT

V.

MORROW LAND VALLEY COMPANY, LLC, AND BEN CAINAPPELLEES May 31, 2012

APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT, [NO. CIV2009-4076-4]

HON. MARY ANNE GUNN, JUDGE

AFFIRMED ON DIRECT APPEAL; DISMISSED WITHOUT PREJUDICE ON CROSS-APPEAL.



Appellant, Scottsdale Insurance Company (Scottsdale), appeals a grant of partial summary judgment in favor of Morrow Valley Land Company, LLC (Morrow Valley), and Ben Cain (Morrow Valley and Cain referred to collectively herein as appellee). In granting summary judgment, the Washington County Circuit Court concluded that Scottsdale had a duty to defend appellee as its insured in an action for nuisance and trespass. On appeal, Scottsdale claims that the circuit court erred in granting summary judgment on the duty-to-defend claim because the pollution-exclusion provision in the insurance policy is unambiguous and excludes defense of pollution claims. On cross-appeal, appellee asserts that the circuit court erred in denying in part its motion for attorney's fees. Our jurisdiction is pursuant to Arkansas Supreme Court Rule 1-2(b)(1), (2), and (5) (2011). We affirm on direct appeal and dismiss the cross-appeal.

On September 11, 2009, sixty-six plaintiffs filed the underlying lawsuit in Warren