In a recently published decision, Ohio’s Third District Court of Appeals addressed the scope of the so-called “absolute pollution exclusion.” Bosserman Aviation Equipment, Inc. v. United States Liability Insurance Company (3rd Dist.), 183 Ohio App. 3d 29, 2009-Ohio-2526. The Court found that the exclusion does have limits. Thus, despite the exclusion, coverage can be found for an employee's injuries arising out of exposure to toxic chemicals in certain workplace situations.

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