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Watch Out For The Ever-Broadening Pollution Exclusion

A variety of businesses from hospitals and hotels to agricultural producers and restaurants may from time to time be faced with the threat of viral or bacterial outbreaks and related claims from third parties. When such outbreaks result in injury to persons or property, insured businesses may look to their commercial general liability (CGL) and other liability policies for coverage.?á An insured facing a claim arising out of a microbial infection or epidemic should carefully review the subject policy?ÇÖs pollution exclusion, in addition to reviewing any bacteria/mold exclusions, when negotiating and pursuing liability coverage.?á Insureds should be particularly wary of any pollution exclusion which defines ?Ç£irritant or contaminant?Ç¥ to include ?Ç£biological agents or materials.?Ç¥?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á?á The ISO form pollution exclusion was adopted in the 1970s to address the increasing number of claims for large scale industrial pollution, which appeared to be covered by most policies at the time.?á The original intent… Continue Reading

January 2014
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