9/11 Claims Not Barred By Absolute Pollution Exclusionshoke2013
9/11 Claims Not Barred By Absolute Pollution Exclusion: Claims by clean-up workers at WTC site not barred by an absolute pollution exclusion for various reasons, including allegations that the defendant did not provide adequate work-place protections (NY Fed).
A New York federal court refused to apply the absolute pollution exclusion to bar a defense for lawsuits brought by 9/11 clean-up workers, rejecting the arguments that the claims arose out of state labor laws and because the policyholder was alleged to have improperly exposed the workers to contaminants. The court rejected the insurers’ argument that the exclusion applied simply because there would be no claims “but for” the exposure to pollutants. 120 Greenwich Development v. Admiral, Case No. 08 Civ. 6491, U.S.D.C, So Dist. NY.