Absolute Pollution Exclusion State Law Survey


Summary

This survey addresses state laws on the absolute pollution exclusion found in commercial general liability (CGL) policies. The survey covers all 50 U.S. states and the District of Columbia. Under the absolute pollution exclusion, the CGL policy clearly provides that it does not cover Superfund-style government-mandated cleanup and bodily injury or property damage "arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'pollutants,'" provided that the discharge, dispersal, etc., was of waste or from specifically described premises, subject to certain exceptions. See Ins. Servs. Office Inc., Commercial General Liability Coverage Form, No. CG 00011185, § I2f (1984).