SDV is proud to introduce a new State by State survey showing each state’s interpretation of the CGL pollution exclusion. Some courts adopt a narrow construction, limiting the exclusion to “traditional” environmental contaminants (such as toxic waste). Other courts adopt a broad construction, applying the exclusion to any substance that can be considered an irritant or contaminant (including materials found in nature, and everyday cleaning products). The interpretation of the pollution exclusion under the law of a particular state can be critically important to the outcome of a coverage claim. To view SDV’s new survey please click here.
Jan 26, 2016
David G. Jordan