Article: RHODE ISLAND SUPREME COURT LINES Up ON SIDE OF POLICYHOLDER REGARDING CONSTRUCTION OF PRE-1986 QUALIFIED OR "SUDDEN AND ACCIDENTAL".

POLLUTION EXCLUSION; FOCUSES BOTH ON DICTIONARY AND DRAFTING HISTORY OF EXCLUSION

Textron, Inc. v. Aetna Casualty and Surety Company, 754 A.2d 742 (Rhode Island Supreme Court, 2000)

Although the qualified pollution exclusion has not been part of the standard commercial liability policy (CGL) for 15 years, it continues to generate litigation and division among jurisdictions. Furthermore, not every state supreme court has taken a position on its application. In Textron v. Aetna, the Rhode Island Supreme Court finally faced the issue and determined that the exclusion does not apply to bar coverage for claims against a policyholder where the claimant was ...

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