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Policy Terms Insurance Industry Pollution Exclusion

Rivkin Radler LLP

August 2024 Insurance Update

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We touch upon various issues in our August insurance update. The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more

Kennedys

An unresolved issue of Tennessee coverage law: The scope of pollution exclusions

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Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether...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

Bradley Arant Boult Cummings LLP

More than Meets the Eye: Policy Exclusion May Not Apply When Initial Event is Covered Occurrence - Construction and Procurement...

In a 2017 opinion, Xia v. ProBuilders Specialty Insurance Company, the Washington State Supreme Court analyzed whether an insurer breached its duty of good faith and fair dealing in refusing to defend its contractor insured...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

Butler Snow LLP

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

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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

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