The scope of the pollution exclusion in liability policies continues to be a highly-contested insurance coverage issue. One of the more recent debates in this area is whether the pollution exclusion’s application is limited to “traditional environmental pollution” or whether the exclusion should be afforded its plain and ordinary meaning, similar to other policy exclusions. The Vermont Supreme Court recently sided with insurers on this issue, holding that a policy’s pollution exclusion should be treated with the same analysis as any other policy exclusion. …
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