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Environmental Insurance Defined

Anthony Saunders is an insurance broker and specializes in the identification of environmental liabilities and creating environmental sustainability through insurance covers. Why? Without environmental insurance, the costs of rectifying unabated pollution weigh too heavily on society's ability to...

Cooking Grease Can Be A Pollutant

By Barry Zalma, Attorney and Consultant Christopher Roinestad and Gerald Fitz-Gerald, and Tim Kirkpatrick, D/B/A Hog's Breath Saloon & Restaurant ("respondents") were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog's Breath...

McCarter & English LLP on District Court Applies Maryland Law; Finds Coverage for Asphalt Spill Despite Absolute Pollution Exclusion

By Brian J. Osias and Michael Collins Smith, Attorneys, McCarter & English, LLP In Travelers Indemnity Co. v. MTS Transport , No. 11-cv-01567, 2012 U.S. Dist. LEXIS 127847 (W.D. Pa. Sep. 7, 2012), the federal court for the Western District of Pennsylvania demonstrated again the importance of a...

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...

American National Property & Casualty Co. v. Wyatt: Missouri Court Interprets Pollution Exclusion in Favor of Coverage

The interpretation and application of pollution exclusions still flummox parties and fill docket sheets. The Missouri Court of Appeals recently addressed such an exclusion in American National Property & Casualty Co. v. Wyatt . This decision is an important one for policyholders seeking coverage...

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp ., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern District of Michigan had occasion to consider the application...

Environmental Coverage Summary: 2013 – Cases Interpreting the "Absolute" Pollution Exclusion

By Ellen J. Zabinski and Adam H. Fleischer Even a small sampling of 2013's leading insurance coverage decisions in the environmental realm clearly demonstrates the stark differences from state to state as to: whether injury from contaminants is really considered "pollution"; whether...

Environmental Coverage Summary: 2013 – Crystal Ball: Insurance Coverage Environmental Issues to Watch For In 2014

A. Fracking Claims: Fallacy Or Finally Here? Hydraulic fracturing - or "fracking" - involves the fracturing (drilling) of pressurized liquid into rock, such as shale rock, to release natural gas and oil. The pressurized liquid is a mix of water, chemicals and sand or gravel. With low costs...

Yes, That Pollution Exclusion In Your Insurance Does Work

Read your insurance policy. That’s the bottom line advice for businesses of all kinds, especially when it comes to pollution exclusions in property damage and liability insurance policies. A used car company and its principal learned this the hard way. Mississauga Motor Mart, and its directing...

Don’t Buy a Pig in a Poke – Carbon Monoxide Is a Pollutant

Commercial General Liability (CGL) insurance provides extensive coverage to those insured by the CGL. However, it does not cover every possible event or injury. In Church Mutual Insurance Company v. Clay Center Christian Church, Defendant, Cheryl S. Green; Cheryl S. Green as Personal Representative of...

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...

OMG: The Strangest Pollution Exclusion Case You Have Ever Seen

[While Coverage Opinions likes to kid around, the following summary involves a real case. You can look it up. 2014 U.S. Dist. LEXIS 59278] I have been a student of the pollution exclusion for many years. I can’t even begin to imagine how many pollution exclusion cases I have read. I recently...

Facts Rule Coverage – Pollution Exclusion Effective

Insurers do not want to cover pollution under a basic automobile insurance policy. In their generosity they take on the liability of their insureds if, as a result of a collision or upset of an insured vehicle, some pollution occurs. That does not, however give coverage for every incident of pollution...