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Case Briefs

By ALM Staff | Law Journal Newsletters |
March 27, 2014

IN Court Enforces Pollution Exclusion, Applying MD Law

The Court of Appeals of Indiana, applying Maryland law, recently held that contamination caused by the release of perchlorate constitutes traditional environmental pollution and is thus subject to the total pollution exclusion in a commercial general liability (CGL) policy. Chubb Custom Insurance Co., et al. v. Standard Fusee Corp., No. 49A02-1301-PL-91 (Ind. Ct. App. Jan. 23, 2014). The court also held that such contamination does not trigger coverage under a personal injury coverage part that provides coverage for personal injury arising out of “wrongful entry into” the premises of another.

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