Posted on July 11, 2007 by Alan Rutkin

Massachusetts Supreme Judicial Court Enforces Absolute Pollution Exclusion

An insurer won in Massachusetts!  Yesterday the Supreme Judicial Court of Massachusetts handed down a very good decision. McGregor v. Allamerica Insurance Co., 207 Mass. LEXIS 449 (July 10, 2007).  The court enforced an absolute pollution exclusion to bar coverage for a leak of home heating oil.  The court refused to read ("rewrite") absolute pollution exclusions as limited to specific hazardous and industrial settings (an argument discussed in my 7/4/07 entry).   The court also rejected the argument that oil is not a pollutant. 

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