April 2010 Dec Page

Question of the Month

Pollution liability coverage, with the associated costs of cleaning polluted sites, is one of the major problems facing the insurance industry even after so many pollution liability cases have been brought and decided in courts throughout the land. Insurers have attempted to deal with pollution claims by writing exclusions in the liability policies, and indeed, insurance policies have been rewritten many times in attempts to deal with pollution claims and the judicial interpretations of the pollution exclusion. However, questions about coverage still exist today and the pollution exclusion is still subject to judicial interpretation.

This article offers a discussion of the pollution exclusion and some relevant court cases that will help the reader to answer questions about coverage (or lack thereof) for pollution claims. The article provides a brief history of the pollution exclusion, lists court rulings on the subject, points out some exceptions to the exclusion, and presents other items of relevance to consider. See The Pollution Exclusion.

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