Tag Archives: pollution exclusion

The (Rock) Finer Points of the Absolute Pollution Exclusion

The pollution exclusion has had a long history of being interpreted by the courts throughout the US.  Many substances have been held to come within the pollution exclusion, resulting in a bar of insurance coverage for costs sustained by policyholders addressing those substances in waterways and the air.  In a recent case, the Fifth Circuit … Continue Reading

Proving Sudden and Accidental Discharge Requires an Expert With a Reliable Methodology

Environmental damage claims are often very technical.  Those technical aspects tend to permeate insurance coverage disputes.  This is especially true where the policyholder seeks coverage in the face of a pollution exclusion.  As we know, the pollution exclusion has evolved over the years.  Some pollution exclusions are not absolute and provide coverage for discharges that … Continue Reading
LexBlog