Litigation over the 'total' or 'absolute' pollution exclusion has grown over the past several years.
The Applicability of the Absolute Pollution Exclusion to Welding Fumes Claims
Litigants and courts are struggling with whether the polution exclusion encompasses "non-traditional" claims that, on their face, would appear to fall within the exclusion's definitions, <i>e.g.</i>, lead paint, carbon monoxide poisoning, and other toxic exposure claims. This article first describes the split among the courts on this issue and then looks at the question in the specific sub-context of welding fumes claims.
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