Case Study: Devcon V. Reliance Insurance

Law360, New York (July 19, 2010, 11:23 AM EDT) -- On June 8, 2010, the Third Circuit held that a total pollution exclusion within a contractor's commercial general liability policy (the "policy") barred property damage and bodily injury claims related to dust and fumes dispersed from a construction site. See Devcon Int'l. Corp., et al. v. Reliance Ins. Co., et al., Nos. 07-4602/08-1996, __ F.3d __ (3d Cir., June 8, 2010).

Central to that holding was the court's determination that the pollution exclusion is unambiguous and must be interpreted pursuant to the plain meaning of its...
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