NOT PRECEDENTIAL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
2

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
3

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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., 487 F. Supp. 3d 350, 355-60 (W.D. Pa 

2020).

3 119 A.3d 1035 (Pa. Super. 2015).
4

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.”5It 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., 908 A.2d 888, 897 (Pa. 2006)).

5

Id. at 363.