Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC Builders, Inc. v. Amerisure Mut. Ins. Co., 2011...

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP 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...

Traub Lieberman Insurance Law Blog: Minnesota Supreme Court Applies Pollution Exclusion to Carbon Monoxide

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Midwest Family Mut. Ins. Co. v. Wolters , 2013 Minn. LEXIS 304 (Minn. May 31, 2013) [ enhanced version available to lexis.com subscribers ], the Minnesota Supreme Court had occasion to consider whether...

Absolute Pollution Exclusion Still Unenforceable in Indiana

By Seth Lamden The Insurance Committee of the Indiana State Senate has 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 construed in liability insurance policies. By way...