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A Discourse On The Pollution Exclusion

This article is an updated discussion of the pollution exclusion in the CGL form, referencing some court cases pertaining to the exclusion.

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Summary:  Pollution, and the associated costs of cleaning polluted sites, has become one of the major problems facing the insurance industry over the last several decades.

The main problem stems from judicial interpretation of the pollution exclusion, as it exists on the 1973 comprehensive general liability insurance policy and on subsequent commercial general liability (CGL) coverage forms.

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