Application of the Absolute Pollution Exclusion to “Nontraditional” Pollution

Abstract

A nationwide split exists with respect to whether the so-called “total” or “absolute” pollution exclusion precludes coverage for “nontraditional” pollution. Does the exclusion encompass only industrial waste that contaminates the environment, or does it also include a much broader range of damage, such as exposure to indoor fumes, chemicals, or mercury? A review of judicial opinions reveals that the split results from different approaches to policy interpretation. This article surveys recent opinions grappling with the “traditional” versus “nontraditional” pollution issue.