2013 Review Of 3rd-Party Pollution Exclusion Decisions

Law360, New York (December 16, 2013, 4:09 PM EST) -- Decades after its inception, the liability insurance policy’s pollution exclusion remains a much-litigated area of insurance law. In the third-party liability context, the provision precludes coverage for injury or damage arising out of the discharge, release or escape of pollutants. Although the term “pollutants” is generally defined in the policy, litigants and judges grapple with the meaning of that and other terms in the exclusion.

A look at third-party pollution exclusion decisions issued over the past year reveals that by a strict measure of wins and...
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