Pollution Exclusion Does Not Apply Because There Was No Release, Insured Argues

Mealey's (January 30, 2023, 2:53 PM EST) -- SAN FRANCISCO — A district court erred in entering judgment for an insurer in a dispute over coverage for an underlying toxic exposure lawsuit filed against an insured arising from the cleanup of a fire that destroyed a city in California because there was no release of a pollutant, as required by the policy’s pollution exclusion, and because the policy’s pollution exclusion is ambiguous, the insured maintains in its appellant brief filed in the Ninth Circuit U.S. Court of Appeals....