Pollution Exclusion

Insurance Coverage Issues for Green-Related Building Projects

by Stevi Raab | Sedgwick LLP on 4/30/2013

Kermit the Frog once famously lamented that “it’s not easy being green.” Well, we hate to break it to you, Kermit, but that’s not exactly true anymore. As it turns out, being green is now all the rage, especially in the...more

District Court Judge Confirms Summary Judgment Victory for Policyholder Regarding the Duty to Defend and the Pollution Exclusion

by Luke Debevec, John Ellison | Reed Smith on 4/2/2013

In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western District of Pennsylvania involving interpretation of the "pollution exclusions"...more

Oklahoma Court Addresses Time Element Pollution Exclusion

by Traub Lieberman Straus & Shrewsberry LLP on 3/29/2013

In its recent decision in Colony Insurance Company v. Bear Products, Inc., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013), the United States District Court for the Eastern District of Oklahoma had occasion to consider...more

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 2/22/2013

In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

by Luke Debevec, John Ellison | Reed Smith on 2/6/2013

Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes

by Traub Lieberman Straus & Shrewsberry LLP on 1/29/2013

In its recent decision in United Fire & Casualty Co. v. Titan Contractors Service, Inc., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013), the United States District Court for the Eastern District of Missouri, applying...more

Kentucky Court Holds Pollution Exclusion Applicable to Release of Diesel Fuel

by Traub Lieberman Straus & Shrewsberry LLP on 1/15/2013

In its recent decision in Hardy Oil Co. v. Nationwide Agribusiness Ins. Co., 2013 U.S. Dist. LEXIS 4760 (E.D. Ky. Jan. 11, 2013), the United States District Court for the Eastern District of Kentucky had occasion to consider...more

Virginia Supreme Court Ends Chinese Drywall Debate

by Andrea Cortland | Cozen O'Connor on 11/8/2012

We are pleased to report that the Virginia Supreme Court has tacked down – or, more appropriately, “drywall-ed in” – the issue of whether a pollution exclusion in a property insurance policy precludes coverage for Chinese...more

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