Ambiguity Exists As To Whether Nitrogen Is An Irritant Or Contaminant

(April 9, 2019, 12:24 PM EDT) -- AUGUSTA, Ga. — A Georgia federal judge on March 27 determined that an insurer is not entitled to summary judgment on the issue of whether its policies’ pollution exclusion bars coverage for the release of nitrogen into a warehouse because there is an issue of fact as to whether nitrogen was intended to be considered as an irritant or contaminant under the policies’ pollution exclusion (Evanston Insurance Co. v. Xytex Tissue Services LLC et al., No. 17-140, S.D. Ga., 2019 U.S. Dist. LEXIS 51668)....