Publications

Continuing Influence of Repealed Statutory Pollution Exclusion

January 5, 2010
New York Law Journal

In 1971, the New York State Legislature passed a law mandating that comprehensive general liability (CGL) policies issued to corporate or industrial insureds exclude pollution coverage for all but sudden and accidental pollution claims. In 1982, that statute was repealed. Nevertheless, more than 25 years after its repeal, the statute continues to impact current insurance coverage disputes. Just this past August, Judge Eileen Bransten relied on the statute and the public policy behind it in Travelers Indemnity Company v. Orange and Rockland Utilities Inc.