Jump to Navigation
Jump to Content

Housing Auth. Risk Retention Group, Inc. v. Chicago Hous. Auth.

ELR Citation: 34 ELR 20059
Nos. No. 03-4164, (7th Cir., 07/28/2004)

The Seventh Circuit held that an insurer has no duty to defend or indemnify a local housing authority with respect to an underlying class action lawsuit in which approximately 10,000 current or former residents claimed that they had been exposed to and harmed by environmental contaminants while living on the authority's public housing property. The insurance policy language included an absolute pollution exclusion that barred coverage for all claims for pollution, whether or not the contaminants originated on the insured's property. Because the claims asserted by the residents in the underlying class action are not covered by the policy, it has no duty to defend or indemnify the housing authority.