Mealey's (February 7, 2020, 4:32 PM EST) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals should reconsider its finding that an insured quarry operator’s unplanned discharge of rock pellets into a nearby stream is excluded from coverage pursuant to the policy’s pollution exclusion
XE "pollution exclusion"
because the appeals panel misapplied the meaning of contaminants in determining that the pollution exclusion applies, the insured contends in a Jan. 31 petition for panel rehearing (Eastern Concrete Materials Inc. v. ACE American Insurance Co., et al., No. 18-11043, 5th Cir.)....