New York Supreme Court Rules On Pollution Exclusion

[Editor's Note: Although the following decision does not result from a mold dispute, HarrisMartin editors feel it could have an impact on the future of mold-related cases.]

BROOKLYN, N.Y. - A New York appellate court ruled May 17 that the absolute pollution exclusion contained in the policy under review does not exclude coverage for injury suffered as a result of the temporary indoor dissemination of paint or paint solvent fumes. Belt Painting Corp. v. TIG Insurance Co., No. 9830B (N.Y. Sup. Ct., App. Div., 2nd. Dept.).

However, the court also found that absolute and qualified pollution exclusions may be properly …