“Since the 1970s, courts have taken diverse approaches to the interpretation and application of various renditions of the pollution exclusion and its exceptions. … The vast body of case law on this issue has resulted in a number of conflicting opinions,” write partner Thomas F. Segalla and associate James D. Macri of Goldberg Segalla’s Global Insurance Services Practice Group. “Insurers and their counsel need to understand the varying applications so they can implement, interpret, and apply the proper policy exclusions and defend against claims should a coverage dispute arise.”
In this comprehensive article, Tom and James review recent court decisions across the country that address the applicability of the pollution exclusion. For each decision, Tom and James provide a key takeaway for insurers, noting what they need to know about each case and how it may affect them going forward.