As our State by State Survey on CGL Pollution Exclusions shows, the definition of the word “pollutant” can be ambiguous in the insurance context. Recently, an Alabama federal judge held that sewage was not a pollutant for purposes of the pollution exclusion in a CGL policy.
This is a positive result for policyholders, and is part of what we hope is a positive trend towards courts limiting the pollution exclusion and what is considered a “pollutant.”
Check out the full case alert here to find out how the decision was reached.
Oct 21, 2016
Philip M Brown-Wilusz