Mealey's Toxic Tort/Environmental - 8th Circuit Majority Finds Sealant Is A 'Pollutant' Under Contractor's Policy

Mealey's Toxic Tort/Environmental - 8th Circuit Majority Finds Sealant Is A 'Pollutant' Under Contractor's Policy

ST. LOUIS - Because a reasonable person would conclude that a concrete sealant is an irritant and an irritant is considered a pollutant under a contractor's insurance policy, the policy's pollution exclusion is not ambiguous, the Eighth Circuit U.S. Court of Appeal said May 13 in reversing a summary judgment ruling entered against the insurer (United Fire & Casualty Co. v. Titan Contractors Service Inc., No. 13-1307, 8th Cir.).

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