5th Circuit Affirms Carbon Monoxide Injury Excluded
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals ruled April 22 that under Texas law, an absolute pollution exclusion precludes coverage for a child’s severe and permanent injuries caused by in utero exposure to carbon monoxide, which involved a “pollutant” and “dispersal” within the exclusionary language (Nautilus Insurance Co. v. The Country Oaks Apartments Ltd., No. 08-50652, 5th Cir.; 2009 U.S. App. LEXIS 8268; See 6/5/08, Page 5).
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