Fact Issues Remain On Applicability Of Pollution Exclusion, Colorado Judge Says

Fact Issues Remain On Applicability Of Pollution Exclusion, Colorado Judge Says

BOULDER, Col. - A Colorado judge on Oct. 4 determined that an excess insurer's pollution exclusion does not bar coverage for underlying claims arising out of defective Chinese drywall because under applicable Massachusetts law, questions of fact exist regarding whether the pollution exclusion bars coverage for nontraditional environmental contamination claims (ProBuild Holdings Inc. v. Travelers Property Casualty Co., et al., No. 10-378 cons w/10-2912, Colo. Dist., Boulder Co.).

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