New Mexico Federal Judge Says Pollution Exclusions Are Ambiguous; Coverage Afforded

Mealey's (August 18, 2022, 4:55 PM EDT) -- LAS CRUCES, N.M. — Insurers have a duty to defend their insured for an underlying environmental contamination suit because the absolute pollution exclusions included in the policies at issue are ambiguous and must be construed in favor of the insured, a New Mexico federal judge said Aug. 16 in granting the insured’s motion for summary judgment....