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Denial of Insurance Coverage Pollution Exclusion

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

White and Williams LLP

Top Developments March 2023

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Chem. Solvents, Inc. v. Greenwich Ins. Co., 2023 U.S. App. LEXIS 868 (6th Cir. Jan. 13, 2023) - A divided Sixth Circuit panel holds that, under Ohio’s “all sums” allocation scheme, “targeted” insurers may seek indemnity...more

Butler Weihmuller Katz Craig LLP

Does the Pollution Exclusion Bar Coverage for Injuries Arising out of Viruses and Bacteria?

In policies without a specific bacteria or virus exclusion, the pollution exclusion may apply to exclude coverage for claims for bodily injury resulting from an occurrence involving bacteria or viral “contaminants.” The...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Decision Excluding Coverage under Pollution Exclusion for Damage to Stream Caused by Rock Fines

In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more

Carlton Fields

Clearing The Air: Tenth Circuit Strikes Down An Indoor Air Quality Exclusion, Citing Ambiguity

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Ambiguity strikes again. While the heavily litigated pollution exclusion is well-known in the insurance world, its progeny—the indoor air exclusion—only recently has started making its way around the block. ...more

Cozen O'Connor

Texas Federal Court Holds Rock Dust Discharged into Stream is Excluded “Pollutant,” so Insurer Owed No Duty to Defend or...

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On July 10, 2018, Judge John H. McBryde of the United States District Court for the Northern District of Texas, Fort Worth Division, held an insurer owed no coverage to a New Jersey rock quarry owner for the accidental...more

Carlton Fields

An Absolute Pollution Exclusion: Reading The ‘Fine’ Print

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A federal judge recently relied on a pollution exclusion to find that Great American Insurance Company was not obligated to cover losses associated with the unintended distribution of rock fines into New Jersey’s Spruce Run...more

Perkins Coie

Absolute Pollution Exclusion—Not So Absolute

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Slapping insurers with breach of contract and bad faith, Washington state’s highest court recently found that a general liability policy’s so-called “absolute” pollution exclusion may not be so absolute. In Xia et al. v....more

Butler Snow LLP

CGL’s “pollution exclusion” applies to “harsh soaps”: Oregon federal court

Butler Snow LLP on

The latest round in the fight over the CGL’s “pollution exclusion” — which well-respected commentator Craig F. Stanovich has called “one of the least understood and most litigated portions” of the CGL — went to the insurance...more

Carlton Fields

In Indiana, an Absolute Pollution Exclusion May Exclude Absolutely Nothing

Carlton Fields on

A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more

Seyfarth Shaw LLP

Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

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Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants. Indiana, unlike other jurisdictions, is pro-insured when...more

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