Third Circuit Holds Pollution Exclusion Unambiguous: Precludes Coverage for Claims Arising from Exposure to Construction Dust and Fumes.
Mondaq Business Briefing › Nbr. 2010, January 2010
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Summary
Devcon International Corp. v Reliance Insurance Co. - Case overview
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Extract
Third Circuit Holds Pollution Exclusion Unambiguous: Precludes Coverage for Claims Arising from Exposure to Construction Dust and Fumes.
On June 8, 2010, the Third Circuit held that a total pollution exclusion within a contractor's commercial general liability policy (the "Policy") barred property damage and bodily injury claims related to dust and fumes dispersed from a construction site. See Devcon Int'l. Corp., et al. v. Reliance Ins. Co., et al., Nos. 07-4602/08-1996, __ F.3d __ (3d Cir., June 8, 2010). Central to that holding was the court's determination that the pollution exclusion...
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