Insurance Law

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Traub Lieberman Insurance Law Blog: Minnesota Supreme Court Applies Pollution Exclusion to Carbon Monoxide
Posted on 11 Jun 2013 by Brian Margolies

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... Read More

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation
Posted on 19 Sep 2013 by Brian Margolies

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... Read More

11th Circuit Holds Pollution Exclusion Applies to Carbon Monoxide Poisoning
Posted on 5 Sep 2012 by Brian Margolies

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... Read More

Yes, That Pollution Exclusion In Your Insurance Does Work
Posted on 27 Mar 2014 by Dianne Saxe

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... Read More

Facts Rule Coverage – Pollution Exclusion Effective
Posted on 28 Jul 2014 by Barry Zalma

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... Read More

Environmental Coverage Summary: 2013 – Cases Interpreting the "Absolute" Pollution Exclusion
Posted on 24 Feb 2014 by LexisNexis Insurance Law Newsroom Staff

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... 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

OMG: The Strangest Pollution Exclusion Case You Have Ever Seen
Posted on 7 May 2014 by Randy J. Maniloff

[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... Read More

Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger
Posted on 11 Apr 2012 by Randy J. Maniloff

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... Read More

McCarter & English LLP on Barrett v. National Union Fire Insurance Co. of Pittsburgh, Pa.: Georgia Court Interprets Pollution Exclusion in Favor of Coverage
Posted on 9 May 2011 by Nicholas M. Insua

By Nicholas Insua, Associate, McCarter & English, LLP In Barrett v. National Union Fire Insurance Co. of Pittsburgh, Pa. , No. A10A1125, 2010 Ga. App. LEXIS 448 (Ga. Ct. App. May 11, 2010) the Court of Appeals of Georgia recently rejected an insurance... Read More

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes
Posted on 4 Feb 2013 by Brian Margolies

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... Read More

McCarter & English LLP on District Court Applies Maryland Law; Finds Coverage for Asphalt Spill Despite Absolute Pollution Exclusion
Posted on 25 Mar 2013 by LexisNexis Insurance Law Newsroom Staff

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... Read More

Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory
Posted on 14 Nov 2011 by Brian Margolies

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... Read More

Posner On The Pollution Exclusion: Could It Have Been The Most Important Decision Ever?
Posted on 5 Apr 2012 by Randy J. Maniloff

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... 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