Carrier Files Suit, Says No Coverage Owed Based On Total Pollution Exclusion

(October 31, 2017, 1:06 PM EDT) -- AUGUSTA, Ga. — An insurer claims in an Oct. 26 complaint filed in Georgia federal court that it has no duty to defend its insured against an underlying wrongful death lawsuit arising out of the release of liquid nitrogen at its insured’s plant because the primary policy’s total pollution exclusion and the hazardous or toxic materials exclusion clearly preclude coverage (Evanston Insurance Co. v.  Xytex Tissue Services LLC, et al., No. 17-140, S.D. Ga.)....

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