“Total Pollution Exclusion” Endorsement has greater application than the standard “pollution” exclusion under a CGL policy
Submitted by Jessica Gregory on 01 Feb, 2022
with Carri Leininger
Commercial General Liability policies will typically include a standard “pollution” exclusion under the policy’s general exclusions. This standard exclusion contains certain conditions that must be met in order for the exclusion to apply. Thus, its application is limited.
However, some policies will also contain an Endorsement titled “Total Pollution Exclusion.”
The typical language of a “Total Pollution Exclusion” Endorsement reads:
This insurance does not apply to :
Pollution
- “Bodily injury” or “property damage” that would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” at any time.”
Thus, the “Total Pollution Exclusion” contains broad language, excluding coverage for any injury that would not have occurred in whole or in part but for a pollutant.
Additionally, the Florida Supreme Court has considered the “absolute pollution exclusion” and found that it is clear and unambiguous. Deni Associates of Florida, Inc. v. State Farm Fire and Casualty, Ins. Co., 711 So. 2d 1135 (Fla. 1998); Dimmitt Chevrolet, Inc. v. Southeastern Fidelity Ins. Corp., 636 So.2d 700 (Fla. 1993).
In Deni Associates, the Florida Supreme Court refused to limit the term “pollutant” in in a manner employed by environmental engineers or the scientific community, to exclude only environmental or industrial pollution. The Court noted that it will not place limitations on the plain language of the policy which excludes coverage for all pollution related liability.
Courts continue to consistently uphold the Total Pollution exclusion as unambiguous. See BBG Design Build, LLC v. S. Owners Ins. Co., 820 F. App’x 962, 966 (11th Cir. 2020).
Therefore, carriers intending to broadly exclude coverage for all pollution-related liability should be sure that their policies include a “Total Pollution Exclusion” endorsement.