Only “Traditional” Environmental Pollution Excluded, Court Says

It’s hard to say whether more courts have found that the absolute pollution exclusion precludes coverage for any type of contamination, or whether the majority have ruled that it excludes only “traditional” pollution, as the Maryland Supreme Court did in Clendenin Brothers, Inc. v. United States Fire Insurance Co., 2006 WL 27432 (Maryland, January 6, 2006). You can be pretty sure, however, that in the next case that arises one of the briefs will cite seemingly several hundred cases pulled from American Law Reports (A.L.R.) on one side or the other.