Pollution Clause Exempts Carbon Monoxide Poisoning: 11th Circ.

Law360, New York (August 21, 2012, 3:14 PM EDT) -- Departing from its earlier ruling, the Eleventh Circuit held Monday that a lower court correctly found that a pollution exclusion in Scottsdale Insurance Co.'s commercial general liability policy barred coverage of a wrongful death suit arising from carbon monoxide poisoning.

The appeals court turned down arguments by the plaintiff in the underlying suit that applying the pollution exclusion would disregard the historical purpose of similar exclusions and violate Georgia public policy.

It said the Georgia Supreme Court had already considered these arguments in Reed v. Auto-Owners...
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