The (Rock) Finer Points of the Absolute Pollution Exclusion
Source: https://www.natlawreview.com/, January 21, 2020
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 Court of Appeals interpreted the pollution exclusion in the context of quarry operations and the unintentional release of “rock fines” into a waterway. Read more.