JUDGMENT IN DEFENDANT GREAT AMERICAN INSURANCE COMPANY OF NEW YORK'S FAVOR ON PLAINTIFF'S COMPLAINT FOR DECLARATORY RELIEF

GEORGE H. WU, District Judge.

Defendant Great American Insurance Company of New York's ("Great American") Motion for Summary Judgment Regarding the Pollution Exclusions' Waste Provisions and supplemental briefing as to the claims asserted against it in Counts I, II, and III of the Complaint for Declaratory Relief [Dkt. No. 1] (the "Complaint") filed by plaintiff Craig R. Jalbert as Trustee of the Vernon Tort Trust (the "Plaintiff") was heard by this court on June 7, 2018 and July 16, 2018. The Court, having carefully considered the Motion, as well as all documents filed in support of and in opposition to the Motion and oral argument, finds that there are no issues of material fact and that Great American is entitled to judgment as a matter of law in its favor on the Plaintiff's Complaint.

Therefore, IT IS HEREBY ORDERED that the Motion is GRANTED with respect to Great American. IT IS HEREBY ADJUDGED AND DECLARED that the pollution exclusions incorporated into the policies issued by Great American, identified in paragraph 46 of the Complaint, bar coverage for the claims asserted against Exide Corporation and its successor Exide Technologies ("Exide") by the Plaintiff in the litigation styled Alan Salvador Aguirre, et al. v. Exide Technologies, Inc., et al., Los Angeles County Superior Court, Consolidated Action Case No. 567401 (the "Vernon Litigation") in its entirety. Great American has no duty to defend or indemnify Exide with respect to the Vernon Litigation. Great American shall recover its costs incurred herein.

IT SO ORDERED.