Court of Appeals for the Ninth Circuit December 23, 1997, No. 96-35713 (Enron Oil Trading & Transportation Co v. Walbrook Insurance)

SCHWARZER, Senior District Judge.

The principal issue, before us is whether, under Montana law, the pollution exclusion in a commercial general liability policy excludes coverage for losses sustained as a result of the addition of a foreign substance to crude oil transported in a pipeline. We hold that it does not.

BACKGROUND

This action was brought by Enron Oil Trading & Transportation Co.