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New York's Highest Court Finds Pollution Exclusion Ambiguous | July 25, 2004
Previously published on August 6, 2003
The New York Court of Appeals ruled that a total pollution
exclusion was ambiguous and did not preclude coverage for
a claim alleging injury from exposure to paint fumes. In Belt
Painting Corp. v. TIG Insurance Co., the court stated that, in
general, pollution exclusions apply where the damages
alleged are "truly environmental in nature or result from
pollution of the environment." Belt Painting follows a line of
New York cases restricting the application of pollution exclusions
in connection with indoor exposure claims.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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