The Mississippi Supreme Court has found the pollution exclusion to be ambiguous because it was found to be susceptible to more than one reasonable interpretation. Omega Protein, Inc. v. Evanston Ins. Co., No. 2020-CA-01097-SCT, 2022 Miss. LEXIS 90 (Mar. 31, 2022).

Omega Protein, Inc. (Omega) entered into a contract with Accu-fab to perform welding and other fabrication work at their facility. Accu-fab was required to have a CGL policy naming Omega as an additional insured. Accu-fab also purchased an additional $1 million primer policy from Colony Insurance Company and a $5 million excess policy issued by Evanston Insurance Company.

Accu-fab performed welding and other fabrication work on a large metal storage tank used for the temporary storage of stickwater, a liquid composed of water, fish oil and fish solids. An explosion occurred at the Omega plant while Accu-fab workers were welding and grinding on the tank. One worker,  Jerry Lee Taylor, was killed, one was seriously injured, and others suffered from less serious injuries.