Insurance Law

Recent Posts

Pollution Exclusion and Lead: Supreme Court Declines To Follow Some Others’ Lead
Posted on 3 Nov 2014 by Randy J. Maniloff

It has become difficult to find a pollution exclusion case that warrants discussion. In general, while each case is different, they also often have so many similarities. As a result I’ve resorted to discussing cases that address whether the pollution... 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

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

Absolute Pollution Exclusion Still Unenforceable in Indiana
Posted on 10 Apr 2014 by Seth Lamden

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... Read More

Court Rejects 10,000 Page Pollution Exclusion
Posted on 23 Jul 2015 by Randy J. Maniloff

When it comes to how insurers have fared in Indiana, in their attempts to enforce the pollution exclusion, they are the mouse inside the boa tank at the pet store. Ironically, it could be the exact opposite. All insurers have to do is draft the pollution... Read More

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

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.... Read More