History of Pollution Exclusion.   Most, if not all, commercial and personal lines policies contain a pollution exclusion that will preclude coverage for numerous risks that face businesses and homeowners alike.   New exposures, risks that were not previously considered risks, and new environmental regulations make environmental risk a reality today even if it wasn’t ‘yesterday’ including:  Chinese Dry Wall, radon, lead-based paint (new federal regulations), vapor intrusion, re0pening of formerly closed sites, discovery of unknown contamination.

Are you covered for these risk exposures?  Let the experts assist in evaluating your current policies and potential risks.

UPDATE: Devcon Int’l Corp., et al. v. Reliance Ins. Co., et al. (3rd Cir., June 8, 2010) – 3rd Circuit upholds “pollution exclusion” as unambiguous and denies coverage for a general contractor.  The general contractor was building an extension to an airport runway which was alleged to cause bodily injury and property damage to neighboring home owners.  Suit followed and Devcon (the general contractor) tendered this claim to its general liability insurance carrier, Reliance.  The Court upheld the denial of coverage based on the pollution exclusion.