By: WISCONSIN LAW JOURNAL STAFF//March 3, 2015//
Wisconsin Court of Appeals
Civil
Insurance – Pollution exclusions
An insured need not disperse a pollutant for a pollution exclusion to bar coverage.
“Under the plain language of the policy there is no requirement that the insured disperse the pollutant for the exclusion to apply. As we see from the policy language above, no actor is specified, leaving the possibility that a pollutant could be dispersed in any number of ways—including without the direct action of any party at all. Additionally, the phrase “at any time” leaves open a scenario under which a pollutant might be, either intentionally or unintentionally, dispersed without any action by the insured. We thus conclude that the policy does not require that the insured disperse the pollutant in order for the exclusion to apply. Therefore, the fact that Advanced Waste dispersed the pollutant does not prevent us from applying the total pollution exclusion here.”
Affirmed.
Recommended for publication in the official reports.
2014AP1169 Advanced Waste Services, Inc., v. United Milwaukee Scrap, LLC
Dist. I, Milwaukee County, Noonan, J., Curley, J.