News & Analysis as of

Duty to Defend Hazardous Substances Insurance Litigation

Morris, Manning & Martin, LLP

Ninth Circuit Finds Pollution Exclusion Creates Conflict Requiring Independent Counsel

The insureds were sued for alleged environmental contamination from the operation of a marine terminal and chemical storage facility. The claimants alleged that hazardous materials leaked from storage tanks over a fifty-year...more

(ACOEL) | American College of Environmental...

Just How Absolute is the Absolute Pollution Exclusion?

Despite the myriad CERCLA cases on the books, there is little – if any – jurisprudence dissecting the so-called “absolute pollution exclusion” in a comprehensive general liability insurance policy and the insurers’ obligation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

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