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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...

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...

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...

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...