Insurance Law

Recent Posts

No Surprise – Raw Sewage Is A Pollutant
Posted on 4 Apr 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Colorado Court of Appeal was called upon to determine whether an "absolute pollution" exclusion (APE) applied to a suit for bodily injuries exposed to raw sewage. Plaintiffs, Shadi Figuli, Joshua... Read More

Release of Asbestos During Ceiling Renovation Falls Within Pollution Exclusion of Property Insurance
Posted on 25 Aug 2011 by Bullivant Houser Bailey PC

By Samuel H. Ruby, Shareholder, Bullivant Houser Bailey PC A California Court of Appeal has held that the release of asbestos in and about a condominium complex during the scraping of acoustical "popcorn" ceiling falls within a property... Read More

Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant
Posted on 8 Mar 2012 by Randy J. Maniloff

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... Read More

Don’t Buy a Pig in a Poke – Carbon Monoxide Is a Pollutant
Posted on 9 Apr 2014 by Barry Zalma

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;... Read More

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim
Posted on 11 Apr 2012 by Brian Margolies

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... Read More

Naan Bread. Make That No Bread For Policyholder. 11th Circuit Holds That Aroma Of Indian Food Is A Pollutant
Posted on 5 Jul 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP This spring the 11th Circuit Court of Appeals held that the aroma of Indian food is a pollutant within the terms of a pollution exclusion. Despite its best effort to curry favor with the court, the policyholder... Read More