Colo. Picks A Side In Pollution Exclusion Split

Law360, New York (March 14, 2013, 12:27 PM EDT) -- Pursuant to an opinion issued by the Colorado Supreme Court on Feb. 25, 2013, insurance coverage may be excluded under absolute pollution exclusion clauses for both nontraditional as well as “traditional” pollution under Colorado law. Mountain States Mutual Casualty Company v. Christopher Roinestad, et al., 2013 CO 14 (Colo. Feb. 25, 2013). Agreeing with defense arguments on behalf of Mountain States Mutual Casualty Company, the court joined other state supreme courts that have upheld the broad nature of pollution exclusion clauses.


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