Which scenario would allow coverage under the pollution exclusion of a business auto policy?

In this scenario, the pollution exclusion of a business auto policy is applicable because the incident involves the discharge of diesel fuel into a stream due to a ruptured fuel tank caused by a covered accident. The key aspect here is that the event was the result of an accident involving the covered delivery truck, which is a vehicle used in business operations. The resulting cleanup required by the EPA indicates that this incident falls under pollution liability, but it is still triggered by an unforeseen event (the accident).

The pollution exclusion typically covers scenarios where pollutants are released, but in this specific instance, the discharge occurred as a direct consequence of an accident, making it a nuanced situation. The accident element adds a layer that may allow for some coverage, focusing on the context in which the pollution occurred, as opposed to a deliberate or expected release of materials that would usually be excluded.

This contrasts with the other scenarios where the actions are not directly related to an accident involving a business auto. In those cases, the cleanup was required due to spills that resulted from other circumstances or activities not deemed as incidental to operating the vehicle, which typically falls outside the bounds of coverage under the pollution exclusion.