Preparing for Welding Rod Coverage Claims: Establishing an 'Occurrence' and the Inapplicability of the 'Absolute' Pollution Exclusion

Many companies currently face lawsuits in which plaintiffs claim that exposure to welding rod fumes has caused injury, such as a neurological condition known as Parkinsonism. Recent plaintiffs' verdicts ensure that these suits will continue to be filed (see, e.g., Yencho v. A.W. Chesterton Inc. et al., No. 2003-0884 (Pa. Comm. Pls., Philadelphia Co., May 12, 2004 jury verdict). This article examines two issues that will be hotly contested in welding rod coverage claims: (1) whether an "occurrence" took place; and (2) the applicability of the "absolute" pollution exclusion.

THE PARTIES, COMMON ALLEGATIONS, AND POTENTIALLY RESPONSIVE POLICIES

Companies facing welding …