Pollution Exclusion Bars Coverage For Criminal Indictment Claims, Judge Says

Mealey's (October 19, 2020, 10:02 AM EDT) -- OWENSBORO, Ky. — An insurer has no duty to defend insured directors and officers who were indicted for violating the Federal Mine Safety and Health Act by allegedly manipulating dust sampling equipment and testing processes at a company mine because the policies’ pollution exclusion clearly bars coverage for the underlying claims against the insureds, a Kentucky federal judge said Oct. 15 (Charley Barber, et al. v. Arch Insurance Co., No. 19-142, W.D. Ky., 2020 U.S. Dist. LEXIS 191204)....