Mealey's ( March 1, 2023, 12:05 PM EST) -- ATLANTA — A federal district court’s finding that an insurer’s failure in its denial letter to state that a pollution exclusion barred coverage for a contractor in a lawsuit stemming from grading work performed by the contractor did not amount to a waiver of the insurer’s argument against coverage in an ensuing coverage dispute with the contractor because the damage claimed in the lawsuit “squarely falls” under the exclusion, an 11th Circuit U.S. Court of Appeals panel said in affirming summary judgment for the insurer....