Supreme Court of New Jersey

Nav-Its, Inc., Plaintiff-Appellant and Cross-Respondent v. Selective Insurance Company of America…

April 7, 2005183 N.J. 110

Summary

The New Jersey Supreme Court held that the pollution exclusion in a commercial general liability policy is limited to traditional environmental pollution claims and therefore does not bar coverage for the personal injury claim arising from toxic fumes released during a floor sealant operation. The Court reversed the Appellate Division and remanded for further proceedings consistent with its interpretation of the exclusion and the policy’s reasonable‑expectations doctrine.