Kelly Gorman


This Note explains the conflicting viewpoints presented in Wyatt and how the court reached its conclusion that the pollution exclusion clause does not encompass non-traditional pollutants. Part II of this Note describes the facts of Wyatt and the particular position of each party. In Part III, this Note examines the history behind pollution exclusion language and the various forces that shaped its evolution. Part IV then considers how other jurisdictions have dealt with pollution exclusion clauses and what legal theories or principles shaped their decisions. Finally, Part V argues that the Court of Appeals’ rejection of a more broad “pollution exclusion” better comports with the history behind pollution exclusion language and the reasonable expectation of policyholders.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.