Federal Court Applies Pollution Exclusion to Bar HOA Coverage

Swift Currie attorneys Jessica Phillips and Melissa Kahren secured a significant win in federal court on behalf of Auto-Owners Insurance Company. The U.S. District Court for the Southern District of Georgia granted summary judgment, holding the insurer had no duty to defend or indemnify a homeowners association in a stormwater flooding suit. The court ruled that stormwater, even when uncontaminated, qualifies as a pollutant under the policy’s pollution exclusion, thereby barring coverage for the underlying claims.