Pollution Exclusion

News & Analysis as of

The Absolute Pollution Exclusion May Not Be That “Absolute”

The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution. Insurance companies have taken the position...more

Fifth Circuit Holds That a TPEE in a CGL Policy Can Exclude Pollution Claims Even in the Face of a UREC

What you need to know: The Fifth Circuit Court of Appeals, applying Texas law, held that a Total Pollution Exclusion Endorsement in a CGL Policy did not irreconcilably conflict with, and therefore was not superseded...more

Insurance Recovery Law - Jun 2014 #2

Nevada Supreme Court Holds That Absolute Pollution Exclusion Does Not Bar Coverage for Carbon Monoxide Poisoning Suit - Why it matters: In answering certified questions from the Ninth Circuit, Nevada joined...more

Use chemicals in your business? Read your insurance policy: You might not be covered.

A recent federal appeals court ruling underscores the need for businesses using potentially irritating chemicals to check their insurance policies for “absolute pollution exception” clauses. These increasingly common clauses...more

Eighth Circuit Holds Pollution Exclusion Applicable to Sealant Fumes

In its recent decision in United Fire & Cas. Co. v. Titan Contrs. Serv., 2014 U.S. App. LEXIS 8879 (8th Cir. May 13, 2014), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, had occasion to...more

Eighth Circuit Holds Pollution Exclusion Applicable to Carbon Monoxide

In its recent decision in Church Mut. Ins. Co. v. Clay Ctr. Christian Church, 2014 U.S. App. LEXIS 5450 (Mar. 25, 2014), the United States Court of Appeals for the Eighth Circuit, applying Nebraska law, had occasion to...more

Absolute Pollution Exclusion Still Unenforceable in Indiana

On February 27, 2014, the Insurance Committee of the Indiana State Senate voted 6 to 3 against House Bill 1241, which would have amended the Indiana Insurance Code to specify the manner in which the term "pollutant" must be...more

The Fuss Over Fracking: An Examination of the Insurance Issues Associated with Hydro-Fracking

Hydraulic fracturing, commonly referred to as “fracking,” is a drilling process used to extract underground oil or natural gas trapped in hard to reach shale rock formations deep in the earth. The process involves well...more

Illinois Appeals Court Rejects Application of Absolute Pollution Exclusion to Claim for Unpleasant Odors Emanating from Hog Farm...

In Country Mutual Insurance Company v. Hilltop View, LLC , 2013 IL App (4th) 130124, an intermediate Illinois appeals court held that the absolute pollution exclusion in an umbrella policy did not preclude coverage for a...more

2013 Review Of 3rd-Party Pollution Exclusion Decisions

Decades after its inception, the liability insurance policy’s pollution exclusion remains a much-litigated area of insurance law. In the third-party liability context, the provision precludes coverage for injury or damage...more

Wisconsin Appellate Court Holds Manure Not a Pollutant

In its recent decision in Wilson Mutual Ins. Co. v. Falk, 2013 Wisc. App. LEXIS 1031 (Wis. App. Dec. 11, 2013), the Court of Appeals for Wisconsin had occasion to consider whether cow manure generated at a dairy farm...more

Everyone Can Find Reasons to Give Thanks for 2013 California Coverage Opinions

Thanksgiving is one day when the whole family gets together and sets aside petty differences to give thanks to the Almighty for the bounty we enjoy. California’s insurance coverage family is often a dysfunctional one. To...more

Mississippi Court Holds Pollution Exclusion Applicable to Chinese Drywall Claim

In its recent decision in Prestige Properties, Inc. v. National Builders and Contractors Ins. Co., 2013 U.S. Dist. LEXIS 146738 (S.D. Miss. Oct. 10, 2013), the United States District Court for the Southern District of...more

Is the Absolute Pollution Exclusion Absolute? It Depends on Which State Answers the Question

The battle over the scope of the absolute pollution exclusion in general liability policies continues to be fought in the context of defective drywall manufactured in China. An earlier blog entry discussed a Virginia court...more

Insurance Recovery Law -- Sep 19, 2013

Pollution Claims–Apparently Here to Stay - With the advent of the “absolute” pollution exclusion in commercial general liability (“CGL”) policies in the mid-1980s, many in the insurance industry predicted that...more

A Reservation of Rights Regarding the Pollution Exclusion and the Timing of Damages Does Not Trigger An Insured’s Right to...

In Federal Ins. Co. v. MBL, Inc., 2013 WL 4506149 (Cal. Ct. App. Aug. 26, 2013), the California Court of Appeal continued the judicial trend of restricting the insured’s right to insurer-paid independent counsel. The court...more

Absolute Pollution Exclusion Applies Indoors

In Midwest Family Mutual Insurance Co. v. Wolters, et al., — N.W.2d –, 2013 WL 2363239 (Minn. May 31, 2013), the Minnesota Supreme Court joined the minority view in holding that the absolute pollution exclusion applies to...more

Eighth Circuit Holds Abandoned Lead Concentrate Is a “Pollutant” for Purposes of CGL Policy Absolute Pollution Exclusion

Does environmental damage stemming from the abandonment of lead concentrate mined and processed on the insured’s property fall within the scope of the comprehensive general liability (CGL) policy’s absolute pollution...more

Minnesota Supreme Court Applies Pollution Exclusion to Carbon Monoxide

In its recent decision in Midwest Family Mut. Ins. Co. v. Wolters, 2013 Minn. LEXIS 304 (Minn. May 31, 2013), the Minnesota Supreme Court had occasion to consider whether an absolute pollution exclusion applies to bodily...more

Insurance Coverage Issues for Green-Related Building Projects

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

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

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

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

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

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

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