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Over the past 15 years, the standard ISO absolute pollution exclusion — also referred to as the total pollution exclusion — has been litigated in the traditional environmental arena across the country. As a result, claim professionals know how to apply the language of the absolute pollution exclusion to the facts of any new claim presented in each jurisdiction. Or do they?

While it is true that coverage disputes concerning the absolute pollution exclusion have largely litigated themselves out, the claims that are litigated today likely involve non-traditional or indoor cases of pollution. Courts around the country show more hesitation in applying the strict terms of the absolute pollution exclusion to indoor or non-traditional discharges of pollution.

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