A Louisiana judge has ruled that an insurer cannot use insurance policy pollution exclusion language to deny coverage for claims alleging workplace exposure to a hazardous substance caused bodily injury.

Judge Wilfred Carter of the 14th District Court, Calcasieu Parish, in Lake Charles, La., rejected the insurance companies' pollution exclusion defense as a basis to deny coverage.

The case involves ConocoPhillips's claims arising from underlying lawsuits against it, which addressed alleged injuries suffered by contractors' employees due to exposure to ethylene dichloride (EDC) while working at and near ConocoPhillips's docks facility in Westlake, La.

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