Nav-Its, Inc. v. Selective Insurance Co. of America

This case concerns the applicability of a pollution exclusion provision in a commercial general liability insurance policy. The question presented is whether the exclusion for injuries caused by the “discharge, dispersal, release or escape of pollutants” bars coverage for personal injury allegedly caused by the exposure to toxic fumes that emanated from a floor eoating/sealant operation performed by the insured. An exception to the pollution exclusion allows coverage where the injury takes place inside a building “within a single 48-hour period and the exposure occurs within the same 48-hour…