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...

Florida Federal Court: Pollution Exclusion Applies To Chinese Drywall Claims

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...

McCarter & English LLP on Chinese Drywall Litigation and Insurance Coverage

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the...

McCarter and English on Chinese Drywall Litigation Continues

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the...

McCarter & English Update: Litigation Over Chinese Drywall Continues, With Some Clarity

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the mid...

Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant

By Randy J. Maniloff, White and Williams, LLP There are two significant Pollution Exclusion cases where I've been looking forward to a decision - the Indiana Supreme Court's in State Automobile Mut. Ins. Co. v. Flexdar and the Wisconsin Supreme Court's in Hirschhorn v. Auto Owners Ins ...

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...

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District Court for the Eastern District of Pennsylvania...

Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger

By Randy J. Maniloff, White and Williams, LLP Hoosier State Remains The Toughest In The Country For Insurers And The Pollution Exclusion The Most Eagerly Anticipated Coverage Decision In The Nation This is the third issue in a row of Binding Authority to address the Pollution Exclusion. A three...

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...

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...

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...

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...