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 in light of the …Continue Reading