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A pollution-exclusion clause of a commercial liability insurance policy precludes coverage for injuries caused by a worker’s exposure to fumes of a “useful product,” the Supreme Court has decided.

This is the first time the high court has ruled on the issue, with the split court in Madison Construction Co. v. Harleysville Mutual Insurance Co., PICS Case No. 99-1477 (Pa. July 27, 1999) Saylor, J.; Cappy, J. dissenting; Nigro, J. dissenting; Newman, J. dissenting (26 pages), affirming the Superior Court’s en banc decision in the case.

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