Pollution Exclusion Bars Coverage For Stream Contaminated With Rock Pellets

Mealey's (January 22, 2020, 12:01 PM EST) -- NEW ORLEANS — A district court correctly concluded 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 because the rock pellets are contaminants, the Fifth Circuit U.S. Court of Appeals said Jan. 17 (Eastern Concrete Materials Inc. v. ACE American Insurance Co., et al., No. 18-11043, 5th Cir., 2020 U.S. App. LEXIS 1680)....