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Absolute Pollution Exclusion - New Jersey Supreme Court Finally Ends Its Silence

High Court Limits the Exclusion to the Swamps of Jersey

Randy J. Maniloff

When it comes to the "sudden and accidental" pollution exclusion, the New Jersey Supreme Court was in on the ground floor. Its controversial 1993 decision in Morton International, Inc. v. General Accident Insurance Company was one of the earlier state supreme courts to address the issue. But it has been a much different story for the "absolute" pollution exclusion. Surprisingly, despite the absolute pollution exclusion being the subject of hundreds of court decisions nationally since the early 1990s, and the New Jersey Supreme Court's fondness for insurance coverage issues - especially environmental - the New Jersey high court has been a very late-bloomer on the subject.

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Absolute Pollution Exclusion - New Jersey Supreme Court Finally Ends Its Silence

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