Pollution Exclusion Does Not Bar Coverage For Diesel Fuel Spill, Insured Contends

(April 27, 2020, 9:42 AM EDT) --  XE "Pollution Exclusion" BOSTON — A district court erred in finding that no coverage is owed for the cleanup of a gasoline and diesel fuel spill from an insured tanker-truck because the excess policy’s special hazards endorsement clearly provides coverage and the policy’s pollution exclusion cannot be construed to override that coverage, an insured and its insurer argue in a March 24 appellant brief filed in the First Circuit U.S. Court of Appeals (Performance Trans Inc., et al. v. General Star Indemnity Co., No. 20-1022, 1st Cir.)....