Silt, Sediment, Construction Materials Do Not Qualify As Pollutants, Judge Finds

(October 14, 2022, 9:37 AM EDT) -- HOUSTON — A pollution exclusion does not bar coverage for an underlying suit alleging that an insured’s negligent discharges of silt, sand, sediment and construction materials into a nearby creek and river caused flooding during Hurricane Harvey because the materials allegedly discharged into the waterways are not pollutants, a Texas federal judge said in adopting a magistrate judge’s amended memorandum and recommendation....