( February 9, 2024, 12:27 PM EST) -- XE "pollution exclusion" SAN FRANCISCO — A district court’s ruling that a pollution exclusion bars coverage for an underlying toxic exposure XE
"toxic exposure" suit stemming from the cleanup of wildfire debris should be affirmed because a panel majority of the Ninth Circuit U.S. Court of Appeals failed to consider two applicable California appellate decisions before concluding that the insurer’s pollution exclusion does not apply to toxic dust, an insurer argues in its petition for panel rehearing....