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.
Missouri Court Limits the Reach of the Pollution Exclusion,
79 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol79/iss2/4