Alabama Federal Judge: Sewage Is Not Excluded Under Policy’s Pollution Exclusion
(September 27, 2016, 9:46 AM EDT) -- MONTGOMERY, Ala. — Because sewage is not considered a pollutant under Alabama law, a pollution exclusion cannot be asserted as a bar to coverage for two underlying lawsuits alleging injuries from sewage exposure, an Alabama federal judge said Sept. 22 (Evanston Insurance Co. v. J&J Cable Construction LLC, et al., No. 15-506, M.D. Ala.; 2016 U.S. Dist. LEXIS 129371).
(Opinion available. Document #03-160928-005Z.)
Evanston Insurance Co. filed suit in the U.S. District Court for the Middle District of Alabama, seeking a declaration regarding its obligation to...