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"Pollutant" construed

Preisler v. Kuettel's Septic Service, LLC

A Wisconsin appellate court held that insurance companies have no duty to defend a septic pumping service in an underlying case concerning well water contamination. Dairy farmers filed suit against the service for alleged well water...

State Automobile Mutual Insurance Co. v. Flexdar, Inc.

The Indiana Supreme Court held that an insurance company must provide coverage to a manufacturer for TCE contamination even though the policy contained an absolute pollution exclusion clause. The pollution exclusion clause excluded...

Hartford Accident & Indem. Co. v. Doe Run Resources Corp.

A district court denied an insurer's partial motion for summary judgment on claims that it must indemnify a lead smelter in an underlying lawsuit concerning bodily injury and property damage arising out of the smelter's operations near...

First Specialty Ins. Corp. v. GRS Management Assocs., Inc.

A district court held that under Florida law, a pollution exclusion contained in a swimming pool's insurance policy unambiguously applies to harmful microbes allegedly present in the pool. As defined under the plain language of the...

Whittier Properties, Inc. v. Alaska Nat'l Ins. Co.

The Alaska Supreme Court held that gasoline leaked from the broken fill pipe of an underground storage tank (UST) is a "pollutant" under the absolute pollution exclusion contained in the tank owner's commercial liability insurance...

Nascimento v. Preferred Mut. Ins. Co.

The First Circuit held that under Massachusetts law, an insurance company has no contractual obligation to defend or indemnify an individual in an environmental liability suit brought against him by his neighbors for soil contamination...

Feinberg v. Commercial Union Ins. Co.

The court holds that pollution exclusion clauses preclude insurers' obligation to defend and indemnify a rubber products manufacturing company in an environmental liability suit brought against it by third parties after contamination...

Andersen v. Highland House Co.

The court holds that carbon monoxide emitted from a malfunctioning residential heater is not a pollutant under the pollution exclusion clause of a comprehensive general liability policy, and, thus, the insurer has a duty to indemnify...

Cincinnati Ins. Co. v. Becker Warehouse, Inc.

The court affirms a lower court holding that a pollution exclusion clause in a warehouse owner's commercial general liability insurance policy excludes coverage of contamination from xylene fumes. Contractors building an addition to the...

Auto Owners Ins. Co. v. Tampa Hous. Auth., City of

The court holds that an insurance company is liable for neither indemnification nor defense costs incurred by a housing authority in a suit brought by a mother whose child suffered injuries from lead paint on the walls of the authority'...