ELR Citation: 54 ELR 20143
No(s). SCCQ-23-0000515 (Haw. Oct 7, 2024)

The Hawaii Supreme Court held that greenhouse gases (GHGs) were "pollutants" under several insurance policies' pollution exclusions and that an "accident" included an insured's reckless conduct for purposes of a challenge against fossil fuel companies for climate change-related harms. The city and county of Honolulu and the county of Maui have sued the companies, arguing they acted recklessly by emitting GHGs despite knowing the climate risk and misleading the public about the dangers of emitting them. One company demanded a defense from two insurance companies that issued liability policies to its parent company. The court found the insurance policies covered an "occurrence," which was defined as an "accident," and that an "accident" included reckless conduct. It further found that GHGs were "pollutants" under the policies' pollution exclusion clause, which barred coverage for emitting or misleading the public about emitting GHGs.