Responsabilidad y CasualidadPregunta 452 de 531
A machine shop's underground solvent tank leaks and contaminates neighbouring soil. Under its unendorsed general liability policy the cleanup claim is:
a.paid from the products aggregate instead
b.excluded by the pollution exclusion
c.covered under Coverage A as property damage
d.covered because the release was accidental
Explicación
A standard general liability policy carries a broad pollution exclusion removing bodily injury and property damage arising out of the discharge, dispersal, seepage, migration, release, or escape of pollutants, together with the cost of testing for and cleaning them up. Whether the release was sudden or gradual does not restore coverage on the unendorsed form; the exposure is written back only through separate environmental or pollution liability coverage. The products–completed operations aggregate is a limit, not a source of coverage for an excluded loss.
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