Conclusion
Courts around the nation have refused to apply
the “absolute” pollution exclusion outside the con-
text of traditional environmental pollution claims.
To the contrary, these courts have looked to the rea-
sonable expectations of policyholders, and have
concluded that accidental damage or injuries
caused by exposure to fumes or smoke will not be
excluded if the underlying activity cannot be fairly
characterized as “pollution.” The moral: don’t be
fooled by exaggerated claims that the “absolute”
pollution exclusion is “absolute.”
Courts around the nation have refused to apply
the “absolute” pollution exclusion outside the con-
text of traditional environmental pollution claims.
To the contrary, these courts have looked to the rea-
sonable expectations of policyholders, and have
concluded that accidental damage or injuries
caused by exposure to fumes or smoke will not be
excluded if the underlying activity cannot be fairly
characterized as “pollution.” The moral: don’t be
fooled by exaggerated claims that the “absolute”
pollution exclusion is “absolute.”
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