Still No Consensus On Scope Of Absolute Pollution Coverage

Law360, New York (July 09, 2013, 12:57 PM ET) -- Courts have frequently confronted the issue of whether the absolute pollution exclusion extends to carbon monoxide released inside a building, but no clear consensus has emerged from the rulings. To the contrary, the rulings follow three very distinct approaches.

Some courts have held that the policy language is clear and unambiguous and that carbon monoxide is a “pollutant” and/or an “irritant” within the meaning of that clause.[1] Other courts have found ambiguity, arguing that the exclusion could be read to apply only to industrial or environmental...
To view the full article, take a free trial now.
Try Law360 for free for seven days
Already a subscriber? Click here to login

Already have access?

  1. Forgot your password?
  2. Sign In

Get instant access to the one-stop news source for business lawyers

Required