In a high-stakes case involving coverage under a pollution legal liability policy, we presented issues of first impression and secured summary judgment in West Virginia federal court. The underlying class action case alleged injury and damage from exposure to carbon black from a manufacturing facility. The case originated in state court, as a third-party claim filed by the insured in the underlying case. We removed, then defeated a motion for remand with a novel argument that our client was actually the sole defendant in a new case, as the settlement of the underlying claim was approved on the same day the third-party complaint was filed. In granting our motion for summary judgment, the Court adopted both defenses to coverage raised—late notice and voluntary payment.