Beware of Bats and Other Curious Interpretations of Pollution Exclusions, Insurance Policyholder Advocate

Some four decades after the advent of the first pollution exclusion, the insurance industry continues to attempt to apply the exclusion far beyond what any reasonable policyholder would expect when purchasing coverage. Despite drafting history that reflects a rather narrow intent when the exclusion was first developed, insurer "creativity" is seemingly limitless in subjecting the term “pollution” to remarkably twisted definitions.

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