Pollution Exclusion in CGL Policies: Clarifying the Exclusion to Avoid Litigation and Coverage Gaps

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Tuesday, July 29, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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

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.

Mr. Healy is a seasoned trial attorney with more than 20 years of extensive courtroom experience in courts across the country. He represents policyholders seeking insurance coverage and has successfully obtained coverage under numerous policy types, working with clients from a variety of industries, including technology companies, financial consultants, manufacturers, railroads, banks, financial service providers, retailers, medical service providers, and food and beverage providers. In addition, Mr. Healy regularly represents clients in disputes involving intellectual property rights and in proceedings before the U.S. Patent and Trademark Office. He has negotiated copyright and trademark resolutions, including licensing agreements, involving state, federal and international intellectual property rights. Mr. Healy is the author of Cyber Insurance Claims, Case Law, and Risk Management, a leading treatise on cyber insurance. He sits on Law360’s editorial board for Insurance Authority Specialty Lines and is a member of the American College of Coverage Counsel and is listed as a SuperLawyer as well as in Who’s Who in America. Mr. Healy is ranked as a leading insurance litigator by Best Lawyers, and Lawyer of the Year for Insurance Litigation in 2023.
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?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses

Pollution Exclusion in CGL Policies: Clarifying the Exclusion to Avoid Litigation and Coverage Gaps
Tuesday, June 3, 2025
1:00 p.m. ET./10:00 a.m. PT

Managed Repair Programs in Insurance: Navigating Policyholder Disputes About Scope of Work and Quality of Repairs
Tuesday, June 10, 2025
1:00 p.m. ET./10:00 a.m. PT

Insurance Bad Faith Pre-Trial Strategies: Demand Letters, Pleadings, Defenses, Damages, Bifurcation, and Experts
Friday, June 6, 2025
1:00 p.m. ET./10:00 a.m. PT

Motions in Limine for Insurance Coverage Litigation: Key Issues, Strategic Decisions, Pitfalls to Avoid, Responding
Tuesday, June 3, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement
Your Guide to Professional Development with BARBRI
- Learning & Development
- Business & Professional Skills
- Career Advancement
- eDiscovery
Building Your Book: Strategies to Secure Long-Term Success
- Business & Professional Skills
- Career Advancement
- Talent Development