The Absolute Pollution Exclusion — Has It Resolved All Ambiguities In Pollution Coverage?

摘要

The re-drafting of the pollution exclusion in the mid-1980s has resolved most of the insurance industry's battles over the meaning of the term "sudden and accidental." In the context of environmental pollution, the courts have upheld the restriction in coverage represented by the new language, albeit to different degrees depending on the court and the situation. However, as has been demonstrated above in the lead and carbon monoxide cases, not all ambiguity has been drafted out of the scope of the exclusion. Accordingly, it is anticipated that much future litigation on the scope of the absolute pollution exclusion remains. Not all courts have had the opportunity to pass on its application outside of the environmental context.