Steven Plitt, Expert Witness Steven Plitt, Expert Witness
Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide

Posts tagged "pollution exclusion"

Offensive Sewage Odors were Recently Held to be Pollutants and Fell Within an Insurance Pollution Exclusion

The South Carolina Court of Appeals recently held that offensive odors from sewage could be classified as fumes or gasses for purposes of a pollution exclusion. In South Carolina Ins. Reserve Fund v. East Richmond County Public Service District, 2016 WL 1125810 (S.C. App., 3/23/16), the Court held that a pollution exclusion applied to a homeowner's negligence and trespass claims brought against a public service district that was responsible for releasing offensive odors from a sewage force valve. In reaching this decision, the Court noted that the exception to the exclusion for sudden and accidental releases did not apply to expected and necessary regular discharges from a sewage force valve.

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