Will The 'Pollution Exclusion' Ever Die? Part 2
Carrier Implications: Excess Exposure and Punitive Damages
While Florida Statute 768.81 abrogated joint and several liability in the state, subsection (4) creates an exception for pollution. By denying coverage and terming a substance a "pollutant," the insurer takes comparative negligence away from its insured, meaning that the insured can potentially be responsible for damages in the case. The argument is not too tenuous that this is all for...
To view the full article, register now.