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The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in an October 26 opinion, addressed a company’s Total Pollution Exclusion (“TPE”) Commercial General Liability (“CGL”) policy. See Central Crude, Inc. v. Liberty Mutual Insurance Company, et al.No. 21-30707.

The question was whether a crude oil leak of unknown origin is covered by the TPE.

Central Crude, Inc. (“CCI”) discovered a crude oil leak on its property in 2007 and…

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