Electrocution accident with three-week survival]

A 55-year-old man was found unconscious with ventricular fibrillations at his working place near a power press. CPR was successful. After three weeks of intensive care the patient died of ischemic brain damage. The first suspected diagnosis of myocardial infarction was revised when typical current marks were detected on both palms. At the working place the top of a lubricating grease container was found to be energized due to a technical damage: There is a round, multiple-pole plug mounted upon the container top the proper orientation of which is coded by a set of five plastic nipples. All the nipples had been abraded by longlasting mechanical stress, so that the plug could be connected in a variety of possible orientations. In actual fact, the incorrect orientation caused a voltage of up to 240 V to the container top.     

Absolute Pollution: Exclusion Update

This article reviews court decisions from 2001 and 2002 discussing the absolute pollution exclusion in the context of property damage, bodily injury claims, and other types of harm. In recent cases, courts have consistently found the absolute pollution exclusion to be clear and unambiguous, excluding coverage for “environmental” and other types of property damage claims. However, there is a split of authority and inconsistency in how courts analyze and interpret the absolute pollution exclusion when bodily injury claims are at issue. The analysis and court rulings are often determined by the specific policy language as applied to the facts in the cases.