Pollution Exclusion Applied To Exclude Personal Injuries

Bulk Pack, Inc. v. Fidelity & Deposit Co. of Maryland, 2006 WL 94225 (5th Cir. January 16, 2006) is one of a growing list of cases in which courts have strictly applied the absolute pollution exclusion in liability policies to personal injuries.
The argument in the case was over whether workers’ injuries from sludge were excluded by a policy clause denying coverage for bodily injuries caused by “pollutants.” The definition of the word included “any solid … contaminant … including waste.” The court held that the term unambiguously excluded coverage for the injuries.

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