Polychlorinated Biphenyls Exclusion Bars Some Costs Incurred By Insured, Judge Says

Mealey's (May 3, 2023, 9:03 AM EDT) -- SOUTH BEND, Ind. — An Indiana federal judge partially granted an insurer’s motion for reconsideration and reversed a prior decision on the applicability of the policy’s polychlorinated biphenyls (PCB) exclusion after determining that the exclusion is enforceable as it applies to the cleanup of damages related to PCBs because the insurer’s policy specifically stated that insurer had the right to include exclusions in its policy that differed from the lead policy, a layered multisite, multistate insurance policy....