Pollution Exclusion Is Ambiguous, Does Not Bar Coverage, Federal Judge Says
Mealey's (July 28, 2016, 9:42 AM EDT) -- HAMMOND, Ind. — Because a pollution exclusion does not define what constitutes pollution or contamination, the exclusion is ambiguous and cannot be construed as a bar to coverage, an Indiana federal judge determined July 25 in denying the insurer’s motion for summary judgment (Old Republic Insurance Co. v. Gary/Chicago International Airport Authority, No. 15-281, N.D. Ind.; 2016 U.S. Dist. LEXIS 96361).
(Opinion available. Document #03-160803-001Z.)
Old Republic Insurance Co. filed suit in the U.S. District Court for the Northern District of Indiana against its insured, Gary/Chicago...