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Held not to bar

Decker Manufacturing Corp. v. Travelers Indemnity Co.

A district court held that an insurance company must defend and indemnify a manufacturing company for its costs responding to contamination at a landfill. The insurer argued that the policy's pollution exclusion clause barred coverage...

Century Surety Co. v. DeLoach

A Texas appellate court held that an insurance company has a duty to defend its insured in underlying lawsuits stemming from a sinkhole formed by the insured's waste disposal well operations. The insurance company argued that it had no...

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...

Sierra Recycling & Demolition, Inc. v. Chartis Specialty Insurance Co.

A district court held that an insurance company should have provided coverage to a demolition company for damages stemming from its disposal of contaminated waste at a recycling drop-off center. The insurance policy excludes coverage...

Ocean Partners, Ltd. Liab. Co. v. North River Ins. Co.

A magistrate judge denied an insurer's motion for summary judgment in a case seeking coverage for damages sustained to a building during the September 11, 2001, attack on the World Trade Center. The insurance policy contained a...

Apana v. TIG Ins. Co.

A district court held that an insurance company has a duty to defend, but not indemnify, a plumber and his employer in an underlying action concerning damages suffered by an individual who inhaled noxious fumes after the plumber poured...

Foremost Signature Ins. Co. v. Parker

The court held that various exclusions contained in a mobile home insurance policy do not bar coverage for underlying claims stemming from an explosion in the insured's trailer. The insured, who lived in a mobile home, allowed guests to...

Primrose Operating Co. v. National Am. Ins. Co.

The Fifth Circuit upheld a district court decision holding that an insurer had a duty to defend an oil company in an underlying suit in which the company was alleged to have polluted a nearby ranch. The insurance contract contained a...

Utica Mut. Ins. Co. v. Weathermark Invs., Inc.

The court holds that the pollution exclusion clause in an equipment repair company's insurance policy did not foreclose its insurer's obligation to indemnify the company for nonremediation property damages caused by an oil spill. An oil...

Lansing Bd. of Water & Light v. Deerfield Ins. Co.

The court holds that a pollution exclusion clause did not bar an insurer's duty to provide coverage to a city power agency sued by an asbestos removal company for additional remuneration under an asbestos removal contract. The insurer...