McCarter & English, LLP on NGM Insurance Co., et al. v. Carolina's Power Wash & Painting LLC, et al. and the Absolute Pollution Exclusion

By Louis A. Chiafullo, Partner, McCarter & English, LLP In a recent decision from the United States District Court for the District of South Carolina, the “absolute pollution exclusion” upon which insurers often rely to deny coverage was dealt another blow when the court held that...

Posner On The Pollution Exclusion: Could It Have Been The Most Important Decision Ever?

Randy J. Maniloff, White and Williams, LLP I am convinced that, at any given moment of the day or night, I can find an episode of Law & Order somewhere on my television. Now don't get me wrong, I enjoy the show, but in the end the episodes all blur together and they are hard to remember two...

11th Circuit Holds Pollution Exclusion Applies to Carbon Monoxide Poisoning

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Scottsdale Insurance Co. v. Pursley, 2012 U.S. App. LEXIS 17437 (11 th Cir. Aug. 20, 2012) , the United States Court of Appeals for the Eleventh Circuit, applying Georgia law, had occasion to consider...