What is the current state of the law on the interpretation of a pollution exclusion clause?
California, United States of America
The following excerpt is from ACL Technologies, Inc. v. Northbrook Property & Casualty Ins. Co., 17 Cal.App.4th 1773, 22 Cal.Rptr.2d 206 (Cal. App. 1993):
33 In Technicon Electronics v. AM. Home Assur., supra, 74 N.Y.2d 66, 544 N.Y.S.2d 531, 542 N.E.2d 1048, 1050, the court spoke of "an emerging nationwide judicial consensus that the 'pollution exclusion' clause is unambiguous...." The last five years have obviously not borne the statement out.
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