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Pollution Claims for Oil Production Waste Barred by Retroactive Date

The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage did not apply to pollution claims where contamination began...more

No Coverage for Failure to Warn of TCE Contamination Plume

The Missouri Court of Appeals, applying Missouri law, held that insurers had no duty to defend or indemnify a defense contractor in connection with a class action alleging failure to warn of groundwater contamination. Certain...more

Pollution Exclusion Carve-Out Creates Duty to Defend PFAS Remediation Claim

The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more

Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic...

The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic...more

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more

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