Md Court of Appeals Rules Welding Fumes Not Covered by Pollution Exclusion

Lawyers USAJanuary 30, 2006

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Summary


A pollution exclusion clause in an insurance policy did not bar coverage for liability resulting from exposure to welding fumes, Maryland's highest court has ruled in answering a certified question from a U.S. District Court.

The insureds, holders of both a general liability policy and an umbrella policy, were named in several lawsuits alleging that the use of the insureds' welding products produced harmful fumes containing manganese. The insurance company filed a declaratory judgment action, asserting that in light of the policies' total exclusion for claims resulting from any release of pollutants there was no duty to defend or indemnify the insureds.

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Md Court of Appeals Rules Welding Fumes Not Covered by Pollution Exclusion

But the court found the language of the pollution exclus...

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