Pollution Exclusion Does Not Apply To Release Of Sewer Gas, Federal Judge Says

Mealey's (February 19, 2016, 10:05 AM EST) -- PHOENIX — Because the release of sewer gases caused by the improper installation of a plumbing system is not traditional environmental pollution, a policy’s pollution exclusion does not preclude coverage for an underlying suit arising out of the release of gases into a shopping center; however, a question of fact exists regarding whether the insurer had a duty to contribute to the settlement of the underlying suit, an Arizona federal judge said Feb. 16 (National Fire Insurance Company of Hartford, et al. v. James River Insurance Co., et al., No. 14-765, D. Ariz.; 2016 U.S. Dist. LEXIS 19076)....