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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, July 29, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide insurance counsel through the many different forms of "pollution exclusion" clauses in commercial general liability (CGL) policies, explore why they exclude many types of losses not caused by hazardous materials, review differing court interpretations of the exclusion, and offer best arguments for insurers and policyholders for either avoiding or maximizing coverage.



Faculty

John T. Harding
Attorney
McAngus Goudelock & Courie LLP

Mr. Harding has more than thirty years of legal experience in the areas of insurance coverage litigation, reinsurance disputes and arbitrations and bad faith litigation. He represents domestic and foreign insurers on a national basis in coverage disputes under CGL, excess, umbrella, commercial property, homeowners, auto and other specialized policies. Mr. Harding's experience includes the handling of claims arising out of underlying environmental, asbestos, products, pharmaceutical, medical device, employment discrimination, technology, construction, tort and other liabilities, as well as a range of first-party losses. He has represented both the ceding company and the reinsurer side, as well as extensive experience in trying complex cases to juries and courts, including a number of multi-phased proceedings. Additionally, Mr. Harding has managed numerous appeals in both state and federal courts across the nation, addressing pivotal legal matters central to contemporary coverage litigation. He has also been involved in several Bermuda form arbitrations in New York and London.  

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Description

The pollution exclusion likely qualifies as the most misapplied and misunderstood exclusion within the CGL policy by courts, policyholders, and insurers. Errors in application of the pollution exclusion are varied, ranging from a failure to grasp the injury or damage's true proximate cause to an improper interpretation of the pollution exclusion itself. Courts further contribute to this misunderstanding through inconsistent rulings across jurisdictions.

The pollution exclusion in CGL policies is a heavily litigated issue in environmental coverage claims. Courts wrestle with the distinctions between traditional and nontraditional pollution, with no consensus on whether the total pollution exclusion applies to nontraditional pollution.

Case law on the pollution exclusion covers the spectrum. Recent cases attempting to stretch or narrow coverage have generated novel arguments, some of which have been successful depending on the wording of the exclusion and how it must be read with other exclusions in the policy.

Listen as our authoritative panel of practitioners discusses the scope of the pollution exclusion in CGL policies, the most recent case law developments, and perspectives for both insurers and policyholders arguing the applicability of the exclusion.

Outline

I. Pollution exclusion provision language

II. Traditional pollution vs. nontraditional pollution

III. Recent case law developments

Benefits

The panel will review these and other significant questions:

  • How do courts make the distinction between traditional and nontraditional sources of pollution?
  • What are the most recent developments in applying the pollution exclusion to damages?