Insurance/Reinsurance and Litigation Alert: California Supreme Court Holds That Escape of Pollutants - Not Deposit - is the Relevant Discharge for Application of the Pollution Exclusion....


In an important decision further clarifying the application of the “sudden and accidental” pollution exclusion and the absolute pollution exclusion as it applies to pollution of a “watercourse or body of water,” the California Supreme Court recently held in State of California v. Allstate Insurance Company, et al.1 that the pollution exclusion applies to the escape of pollutants from the site and not to the initial deposit of wastes at the site.

The case arises from the State of California’s ("the State") efforts to obtain insurance coverage for property damage liability as a result of discharges from the well known “Stringfellow Acid Pits,” a State-operated class I hazardous waste disposal facility in Riverside County.

Please see full alert for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin | Attorney Advertising

Written by:


Mintz Levin on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.