Wagner v. Erie Insurance
Cases that cite this one
11 later published cases cite this decision.
- Estate of Borst v. Edward Stover Sr. Testamentary Trust (Pa. Super. Ct. 2011)
- PULSE ENGINEERING, INC. v. Travelers Indemnity Company (District Court, S.D. Indiana 2009)
- Cruz v. Princeton Insurance (Pa. Super. Ct. 2007)
- Pettit v. Namie (Pa. Commw. Ct. 2007)
- Consolidated Rail Corp. v. Ace Property & Casualty (Pa. Super. Ct. 2018)
- Consolidated Rail Corp. v. Ace Property & Casualty (Pa. Super. Ct. 2018)
- United Environmental Group, Inc. v. GKK McKnight, LP (Pa. Super. Ct. 2017)
- Sciolla v. West Bend Mutual Insurance (District Court, E.D. Pennsylvania 2013)
- Montana Petroleum Tank Release Compensation Board v. Crumleys, Inc. (Mont. 2008)
- Hussey Copper, Ltd. v. Royal Insurance Co. of America (District Court, W.D. Pennsylvania 2008)
- Mark I Restoration SVC v. Assurance Co. of America (3d Cir. 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Thomas F. WAGNER, Individually and Trading as Blue Bell Gulf, Appellant
v.
ERIE INSURANCE COMPANY, Appellee.
Supreme Court of Pennsylvania.
*1275 ORDER
PER CURIAM.
The Order of the Superior Court is affirmed.
Justice LAMB did not participate in the decision of this case.
Justice NIGRO files a dissenting statement in which Justice NEWMAN joins.
Justice NIGRO dissenting.
Unlike my colleagues, I would reverse the order of the Superior Court and order Appellee Erie Insurance Company to cover the losses that Appellant Thomas F. Wagner, individually and trading as Blue Bell Gulf, sustained when an underground pipe at his gasoline station ruptured, releasing gasoline into the soil under his and neighboring properties. I simply cannot accept the Superior Court's position that an insurance company providing general liability coverage for an insured's operation of a gasoline station can deny coverage for damages from a gasoline leak based on a general pollution exclusion, when that exclusion is buried on page twenty-five of the policy and the policy's definition of "pollutant" does not specifically reference gasoline.
Justice NEWMAN joins.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.