Thomas F. Segalla

All articles by Thomas F. Segalla

 

The Pollution Exclusion Continues to be Examined Nationwide

The following two recent cases decided by the United States Court of Appeals from the Eighth and Fifth Circuits impact the analysis and application of the pollution exclusion nationwide. Pollution Exclusion: Carbon Monoxide A Pollutant The Eighth Circuit case of Travelers Property Casualty Co. of America v. Christopher A. Klick, No. 16-4000 (August 14, 2017), in the context of carbon monoxide poisoning exposure, held that the pollution exclusion applied and that the policies did not cover the injuries sustained. Even
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Pollution Exclusion Continues to be Examined

Recently, two courts scrutinized the application of the pollution exclusion in the context of the facts alleged in the underlying pleadings. The Washington Supreme Court, in the case of Xia, et al. v. ProBuilders Specialty Insurance Co. RRG, 393 P.3d 748 (2017), rendered a groundbreaking analysis of the pollution exclusion favorable to policyholders. The court, in analyzing the underlying complaint segregated the pollution events and a claim of negligent installation. Within the context of the efficient proximate cause doctrine, the
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