Prior to 1973, the standard CGL policy did not contain a pollution exclusion. The absolute exclusion does not contain an exception for sudden and accidental releases. Policies without pollution exclusions, issued prior to 1973, are the best source of coverage. Those policies may cover polluting events which have occurred over time even though they were issued long before a claim was made. Policies containing the standard pollution exclusion also may form the basis for insurance recovery.
Policies containing the absolute pollution exclusion present the most difficult case for recovery.
See , e.g ., Guilford Industries v. Liberty Mutual Ins. Companies facing environmental liabilities should first conduct a search for their policies, and when the policies themselves cannot be found, any secondary evidence of coverage. Risk management and legal departments are likely sources of old policies or secondary evidence of insurance. Outside brokers could have copies of the relevant policies as well. Lastly, professional insurance archaeologists may aid in the search for old policies at a cost that may be well spent if the potential liability is large.