Mold and the Pollution Exclusion

A good article on this topic, Mold and Pollution: When Is a Contaminant Not a Contaminant?, by Jacqueline M. Jauregui, is available at the FDCC website.
Ms. Jauregui concludes that:

Courts may be hesitant to apply the standard pollution exclusion to bodily injury or property damage arising from mold infestation. Such hesitation appears largely grounded on the theory that mold may not be the type of “pollutant” which the exclusion was drafted to address.

To suggest, however, that the absolute pollution exclusion somehow applies only to “traditional,” “industrial” pollution finds no basis in the language of the exclusion itself. Moreover, in the context of liability policies issued to landlords, homeowners associations or developers -- the very risks most likely to face liability exposure for mold -- the exclusion is meaningless if it only applies to “traditional” “industrial” pollution. If policy interpretation must begin with the contract language itself, this interpretation should be rejected in the first instance.