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4301 An insurance policy's pollution exclusion applies to the dumping of dirt and rocks in a waterway; a policy that requires the insurer to defend and indemnify for alternate dispute resolution proceedings in which the insured participates with the insurer's consent does not require the insurer to defend or indemnify for an administrative proceeding if the insured did not seek or receive the insurer's consent to participate.CitationORTEGA v GOLDEN EAGLE (Rocks in Waterway) 141 CA4 969 [See: Powerine v Superior Court 37 C4 377, T/AT 10/05; County of SD v Ace 37 C4 406, T/AT 10/05; Foster-Gardner v National Union 18 C4 857, T/AT 9/98; Lloyd's v Superior Court 24 C4 945, T/AT 3/01]
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