Developer Asks Judge To Rethink Pollution Exclusion Ruling

By Shane Dilworth (June 23, 2022, 3:04 PM EDT) -- A land developer and its owner urged a Georgia federal judge to rethink a ruling awarding summary judgment to an insurer in a coverage fight over runoff that allegedly damaged a woman's pond, arguing a trial should determine if sediment is a pollutant excluded by the policy.

Tiger Creek Development Inc. and David Erickson contended in a brief filed Wednesday that the definition of a pollutant in the policy issued by Employers Mutual Casualty Co., or EMC, does not include soil or sediment. The policyholders also assert that sediment could not be characterized as a pollutant because it is a natural...

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