Texas Federal Magistrate Judge Says Pollution Exclusion Does Not Bar Coverage

(March 6, 2023, 12:45 PM EST) -- HOUSTON — A commercial general liability insurer’s pollution exclusion does not bar coverage for a multidistrict litigation suit alleging that the insured’s sand mining business contributed to the flooding sustained during Hurricane Harvey because the insurer failed to show that the materials and substances discharged by the insured into area waterways qualify as pollutants, irritants or contaminants, a Texas federal magistrate judge said in recommending that insurer’s motion for summary judgment be denied....