News & Analysis as of

Pollution Exclusion Bodily Injury

Rivkin Radler LLP

Insurance Update - February 16, 2023

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Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2021

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Second Circuit Holds That General Contractor’s “True Excess” Policy Covers Owner Before Owner’s Primary Policy Because Of General Contractor’s Contractual Indemnity Obligation to Owner- The Long Island Railroad on behalf...more

Rivkin Radler LLP

Insurance Update - August 2021

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Here is what you will find in our August Insurance Update: •Pollution Exclusion Bars Coverage for Criminal Proceeding Over Submission of Fraudulent Coal-Dust Samples, Sixth Circuit Affirms- •Fifth Circuit Finds Insurer...more

Rivkin Radler LLP

Insurance Update - May 2021

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We bring you our May Insurance Update. In this month’s update: •The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - COVID-19 Claims - April 22nd, 12:00 pm - 1:00...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

Carlton Fields

An Equitable Exception To the Four Corners Rule: The Eleventh Circuit Looks Beyond Operative Complaint To Find No Duty To Defend

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Under Florida law, similar to that of other states, an insurer’s duty to defend is generally determined solely by the allegations found within the four corners of the complaint. Florida courts, however, recognize an exception...more

Butler Weihmuller Katz Craig LLP

Does the Pollution Exclusion Bar Coverage for Injuries Arising out of Viruses and Bacteria?

In policies without a specific bacteria or virus exclusion, the pollution exclusion may apply to exclude coverage for claims for bodily injury resulting from an occurrence involving bacteria or viral “contaminants.” The...more

Carlton Fields

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

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Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

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