Pollution Exclusion Bars Coverage for Allegations of Welder’s Lung

Evanston Insurance Co. v. Sandersville Rail Road Co. (M.D. Ga., September 29, 2016)

The insurer argued that a pollution exclusion in its comprehensive general liability policy excluded coverage for allegations by an underlying plaintiff that he had contracted welder’s lung disease from occupational exposure to welding fumes of the insured. The court found that, based on the summary judgment record, the pollution exclusion barred coverage for the claims, and the insurer had no duty to indemnify the insured nor any further duty to defend.