Pollution Exclusion Does Not Apply To Concrete Settling Dust

Concrete wall

Tred R. Eyerly discusses the case Allied Prop. & Cas. Ins. Co. v. Zenith Aviation, Inc.

November 28, 2018
Tred R. Eyerly - Insurance Law Hawaii

Applying Virginia law, the federal district court determined that the pollution exclusion did not bar coverage. Allied Prop. & Cas. Ins. Co. v. Zenith Aviation, Inc., 2018 U.S. Dist. LEXIS 14727 (E.D. Va. Aug. 29, 2018).

Zenith Aviation, Inc. hired Abby Construction Company to install an elevator at its warehouse. A wet saw was used to cut away concrete, but Abby did not use any water with the wet saw. This created a significant amount of concrete dust to leave the warehouse. Surrounding businesses contacted the fire department because they thought the dust was smoke from a fire. The concrete dust settled inside Zenith's building, damaging airplane parts stored in the warehouse.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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