Madison Construction Co. v. Harleysville Mutual Insurance

I respectfully dissent. The term “arising out of’ in the context of the absolute pollution exclusion is ambiguous, and therefore should be construed in favor of the insured. Moreover, I am concerned that the majority’s “plain meaning” approach in interpreting the pollution exclusion establishes a dangerous precedent which will yield absurd results.

We have long-recognized that “[wjhere the provision of the policy is ambiguous, the policy provision is construed in favor of the insured and against the insurer, the drafter of the instrument.” Bateman v. Motorists Mut. Ins. Co., 527 Pa. 241, 590…