Commentary and analysis on the
law of insurance coverage

Category Archives: Pollution Coverage

When an Absolute Pollution Exclusion is Not So Absolute

Smoke Stacks    In the years following its introduction in the early 1980s, the Absolute Pollution Exclusion was sometimes used in highly creative and questionable ways to preclude coverage for claims that were only remotely connected to pollution.  As the years passed, however, courts across the country began to narrow the scope and application of the exclusion to cases involving “traditional industrial pollution.”  Continuing that trend, the Washington Supreme Court recently precluded a carrier from using the Absolute Pollution Exclusion to deny a claim involving carbon monoxide poisoning. Read More

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