Pollution Exclusions Bar Coverage For Underlying Lead, Arsenic Exposure Suits

Mealey's (June 12, 2020, 12:36 PM EDT) -- LOS ANGELES — No coverage is owed for underlying lawsuits arising out of exposure to emissions of lead and arsenic at an insured’s lead battery recycling plant because pollution exclusions included in the applicable policies bar coverage for the underlying claims, the Ninth Circuit U.S. Court of Appeals said June 10 (Craig R. Jalbert v. XL Insurance America Inc., et al., No. 19-55188, 9th Cir., 2020 U.S. App. LEXIS 18362)....