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Principles of Insurance Law and Regulation

National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.

 

1. This case involves a very typical provision of modern liability insurance policies called the "absolute pollution exclusion." It basically says that if you want coverage for potential environmental liabilities, you are going to have to be specially underwritten for that risk and have a special environmental liability insurance policy issued, often at considerable expense. A useful history of the absolute pollution exclusion may be found here: https://www.irmi.com/articles/expert-commentary/the-cgl-pollution-exclusion

2. This case results from significant releases of hydrofluoric acid, an extremely dangerous chemical.  Per Wikipedia:

Hydrogen fluoride gas is an acute poison that may immediately and permanently damage lungs and the corneas of the eyes. Aqueous hydrofluoric acid is a contact-poison with the potential for deep, initially painless burns and ensuing tissue death. By interfering with body calcium metabolism, the concentrated acid may also cause systemic toxicity and eventual cardiac arrest and fatality.

3. For an aggressive attempt by an insurer to use the absolute pollution exclusion, take a look at this article from the Houston Chronicle describing an attempt by an insurer with a potential $25 million liability from a 2007 Houston office fire to claim that smoke that killed three people was "pollution" and surviving families shouldn't be compensated for their losses since the deaths were not caused directly by the actual flames. http://www.badfaithinsurance.org/reference/General/0810a.htm .