Still No Consensus On Scope Of Absolute Pollution Coverage

Law360, New York (July 9, 2013, 12:57 PM EDT) -- Courts have frequently confronted the issue of whether the absolute pollution exclusion extends to carbon monoxide released inside a building, but no clear consensus has emerged from the rulings. To the contrary, the rulings follow three very distinct approaches.

Some courts have held that the policy language is clear and unambiguous and that carbon monoxide is a “pollutant” and/or an “irritant” within the meaning of that clause.[1] Other courts have found ambiguity, arguing that the exclusion could be read to apply only to industrial or environmental...
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