Insurer Can't Escape Coverage for Residential Sewage Damage

摘要

Evanston Insurance Co. will remain on the hook for damage from sewage that backed up into homes after a contractor broke sewer pipes, the Eleventh Circuit ruled April 20.A provision in the policy barring coverage for "pollutants" doesn't apply, the court said.The purpose of the pollution exclusion was to eliminate coverage for industry-related pollution damage, the court affirmed.Under Alabama law, residential sewage is not industry-related pollution, the court said.