Insurance Journal's Academy of Insurance
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The absolute pollution exclusion is likely the most misapplied exclusion within the commercial general liability (CGL) policy. Learn the true breadth of the CGL's exclusion in this class.
Insurance Services Office’s (ISO’s) unendorsed commercial general liability policy contains what is historically referred to as the absolute pollution exclusion (APE). Although called an “absolute” exclusion, it is far from absolutely excluding all pollution-related injury or damage. In fact, the exclusion contains seven explicit or implied exceptions that extend coverage under certain conditions.
Never let it be said that an insurance carrier would grasp at any possible means to deny a claim; but the absolute pollution exclusion is likely the most misapplied exclusion within the commercial general liability (CGL) policy. Reasons for improper denials by application of the pollution exclusion are varied, ranging from the claim adjuster’s misunderstanding of the injury’s or damage’s true proximate cause to a complete lack of understanding regarding the exclusion itself. Courts, too, contribute to misapplication because of inconsistent rulings among jurisdictions.
Participants in this webinar will learn: