| Abstract: | Pollution liability insurance policies provide coverage for claims and costs associated with pollution conditions that develop and commence during the policy period. Coverage under such policies for claims arising from pollution conditions that existed before the policy incepted, however, varies significantly under different policy forms. This article addresses the two principal means that insurers have utilized to limit the risks associated with preexisting pollution conditions under pollution policies: the known conditions exclusion and retroactive date provisions. The article explains that these provisions have received mixed treatment in the courts and are likely to continue to be a focus of future coverage litigation involving environmental impairment liability and pollution legal liability policies. |
