Rhode Island Federal Judge: Effluent Is Not Excluded By Pollution Exclusion

Mealey's (October 10, 2017, 10:16 AM EDT) -- PROVIDENCE, R.I. — A Rhode Island federal judge on Sept. 26 rejected an insurer’s argument that coverage for an underlying lawsuit alleging property damage as a result of the insured’s impermissible drainage of water and effluent from an apartment complex is barred by a policy’s pollution exclusion because the definition of pollution in the policy does not include effluent as an excluded pollutant (GeoVera Specialty Insurance Co. v. Kurt Poulton, No. 16-432, D. R.I., 2017 U.S. Dist. LEXIS 165539)....

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