Liability Risk and Insurance
Absolute pollution exclusion ‘wobble’
A decision of the Louisiana supreme court in
Doerr v Mobil Oil Co
, overruling its own earlier opinion, held that the absolute pollution exclusion was not intended or designed to be read strictly
to exclude coverage for all interactions with irritants or contaminants of any kind. Rather, the clause must be interpreted
pursuant to its ‘general purpose’ of excluding coverage for environmental pollution. The
Doerr
class action suit arose from a discharge of hydrocarbons from a refinery into the Mississippi River and thence into a public
water system.