Damages caused by the smoke from a fire don’t fall under an insurance policy’s pollution exclusion, a common pleas judge has ruled.
Allegheny County Court of Common Pleas Judge R. Stanton Wettick Jr. ruled that an insured’s reasonable expectation of coverage trumps an exclusion indicating that the policy doesn’t apply to damages caused by the release of pollutants, including smoke, vapor and fumes. He denied motions for summary judgment from both sides, saying the insured’s expectations present an issue of fact to be determined.
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