Fact Issues Remain On Whether Pollution Exclusion Applies To Coronavirus Losses

(July 17, 2024, 11:27 AM EDT) --  XE "pollution exclusion"  XE "Coronavirus" SANTA ANA, Calif. — A California federal judge denied an insurer’s motion for summary judgment on the issue of the applicability of a pollution and contamination exclusion after determining that questions of fact exist as to whether the exclusion bars coverage for business losses sustained by an insured in the wake of the COVID-19 pandemic; however, the judge granted the insurer’s motion on a bad faith claim after determining that the claim cannot survive because a legitimate coverage dispute exists....