RECENT STATE DECISIONS

September 2003

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Court of Appeals of New York Holds that Absolute Pollution Exclusion in Insurance Policy Does Not Apply to Indoor Paint Fumes
Belt Painting Corp. v. TIG Insurance Company

In a decision dramatically limiting the scope of the absolute pollution exclusion, the Court of Appeals of New York has held that indoor paint fumes that allegedly caused bodily injury are not “pollution” and therefore are not subject to the absolute pollution exclusion commonly found in commercial general liability insurance policies.