Extract to table

Nothing in this letter, or in any prior or subsequent communication between the Torchlight Entities and Meridian, shall be construed as a waiver or modification of any right, claim, defense, or remedy available to the Torchlight Entities under the Policy, at law, or in equity

To the extent the Policy contains any provision characterized as a "pollution exclusion," such provision must be narrowly construed in light of the Policy's overarching purpose and insuring agreement

2013) (recognizing that the reasonable expectations of the insured must govern interpretation of pollution coverage provisions); Outboard Marine Corp

1992) (noting that the pollution exclusion must be read in context of the policy as a whole)

This exclusion must be strictly construed against Meridian as the drafter of the Policy

2006) (holding that an insurer must show actual prejudice from late notice)