The New York Changes In Business Auto 8-E-3967 Endorsement deletes the Pollution Exclusion (11) on the CA 00 01 03 10 Business Auto Coverage Form. However, the Business Auto Coverage Form defines "Covered Pollution Cost or Expense" as to not include cost or expenses resulting from pollution caused by property being transported by the insured. So, my question is:
If an insured is hauling pollutants, and the vehicle overturns or catches fire releasing the pollutants being transported, would the resulting clean-up costs be covered, or is the Covered Pollution Cost or Expense limited to the release of fuels, lubricants, fluids etc. needed for the operation of the insured vehicle?
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