Raising A Stink: Pollution Exclusion Applies To Odors
May 10, 2012, 1:43 PM EDT
Law360, New York (May 10, 2012, 1:43 PM EDT) -- In Travelers Prop. Cas. Co. of America v. Chubb Custom Ins. Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, considered whether noxious odors emanating from a pig farm were pollutants as defined by the general liability policies’ pollution exclusions.
The court held that the policies’ pollution exclusions precluded coverage where the insureds sought a defense for an action alleging physical harm and property damage caused by hazardous substances and foul-smelling...