NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________

No. 20-3073 _______________

ALLEGHENY LUDLUM, LLC, Appellant

v.

LIBERTY MUTUAL INSURANCE COMPANY; LIBERTY MUTUAL FIRE INSURANCE COMPANY; HARTFORD CASUALTY INSURANCE COMPANY; HARTFORD ACCIDENT & INDEMNITY COMPANY; CONTINENTAL CASUALTY COMPANY*; UNITED STATES FIDELITY & GUARANTY COMPANY *Party was dismissed per 1/6/21 Court Order ________________

On Appeal from the United States District Court For the Western District of Pennsylvania (D.C. No. 2-17-cv-01243) District Judge: Honorable William S. Stickman, IV ________________

Argued May 20, 2021

Before: McKEE, RESTREPO and FUENTES, Circuit Judges

(Opinion filed: September 14, 2021)

Jessica Moran David R. Osipovich Thomas M. Reiter [Argued] Thomas J. Smith K&L Gates 210 Sixth Avenue Pittsburgh, PA 15222 Counsel for Appellant Kathleen K. Kerns John C. Sullivan [Argued] Post & Schell 1600 John F. Kennedy Boulevard Four Penn Center, 14th Floor Philadelphia, PA 19103 Counsel for Appellees Liberty Mutual Insurance Co and Liberty Mutual Fire Insurance Co Timothy R. Dingilian Myles D. Morrison James P. Ruggeri [Argued] Shipman & Goodwin 1875 K Street, N.W. Suite 600 Washington, DC 20006

Patrick M. Fahey Shipman & Goodwin One Constitution Plaza Hartford, CT 06103

Michael A. Shiner Tucker Arensberg 1500 One PPG Place Pittsburgh, PA 15222 Counsel for Appellees Hartford Casualty Insurance Co and Hartford Accident & Indemnity Co Rod B. McCullough Alan S. Miller [Argued] Houston Harbaugh 401 Liberty Avenue 22nd Floor, Three Gateway Center Pittsburgh, PA 15222 Counsel for Appellees United States Fidelity & Guaranty Co

2 ________________

OPINION* ________________ McKEE, Circuit Judge Appellant Allegheny Ludlum, LLC appeals the District Court’s grant of summary

judgment to its insurers Liberty Mutual Insurance Company; Liberty Mutual Fire

Insurance Company (together “Liberty”); Hartford Casualty Insurance Company;

Hartford Accident & Indemnity Company (together “Hartford”); and United States

Fidelity & Guaranty Company (“USF&G”).1 The District Court rejected Allegheny

Ludlum’s assertion that the four-year statute of limitations had not expired on its

declaratory judgment and bad faith claims against Appellees Liberty and Hartford.2

Applying the Pennsylvania Superior Court en banc decision in Selective Way Insurance

Co. v. Hospitality Group Services, Inc.,3 the District Court determined Allegheny

Ludlum’s cause of action accrued when the insurers denied coverage in 2010, seven years

before Allegheny Ludlum filed suit. We will affirm the District Court as to the claims

against those insurers substantially for the reasons set forth in the District Court’s

Memorandum and Order.

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 Appellee Continental Casualty Company was dismissed per the Court’s January 6, 2021 order. 2 Allegheny Ludlum, LLC, v. Liberty Mut. Ins. Co.,

, 355-60 (W.D. Pa 2020). 3

(Pa. Super. 2015).

3 We will also affirm the grant of summary judgment in favor of Appellee USF&G.

The District Court relied upon the absence of a covered “occurrence” under the policy.4

We need not determine if there was a covered occurrence because the USF&G pollution

provision clearly excludes coverage of bodily injury that “would not have occurred but

for exposure to pollutants.”5 It is clear that the plaintiffs’ claims arose from their

exposure to hexavalent chromium in welding fumes, and that the District Court correctly

identified those fumes as a pollutant within the scope of the pollution exclusion.

Accordingly, we will also affirm the District Court’s order as to USF&G.

4 See Allegheny Ludlum, 487 F. Supp. 3d at 360 (citing Kvaerner Metals Div. of Kvaerner U.S., Inc. v. Comm. Union Ins. Co.,

(Pa. 2006)). 5 Id. at 363.

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