Incorporated Village of Cedarhurst v. Hanover Insurance

I respectfully dissent. The gravamen of the majority’s decision for affirmance avoids consideration of the Appellate Division’s conclusion that the pollution exclusion clauses in plaintiff Village’s primary and umbrella commercial liability insurance policies are ambiguous with respect to whether raw sewage is a pollutant. Instead, the majority hinges its holding on an interpretation of the complaints in the underlying actions of Yules and Kenney against the Village, and Longwood Associates against the Village, as not specifically alleging that the claimed injuries in those cases were…