Law360, New York (February 10, 2011, 11:09 AM ET) -- Courts have struggled with the scope of the so-called absolute pollution exclusion since its inception in 1986. Two schools of thought have developed: Some courts limit its application to traditional environmental pollution, while others apply it to a much broader array of substances that may be considered hazardous or toxic.
In the latter group of states, the past year has seen a startling expansion of the application of the exclusion. These courts have held that the plain and broad language of the pollution exclusion covers releases...
Growing Abuse Of The Absolute Pollution Exclusion
To view the full article, take a free trial now.
