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Pollution exclusion clause

Erie Insurance Exchange v. Imperial Marble Corp.

An Illinois appellate court held that an insurer has a duty to defend a manufacturing company in an underlying lawsuit filed against it by nearby homeowners for personal injury and property damage stemming from emissions generated as...

Scottsdale Indemnity Co. v. Village of Crestwood

A district court held that insurers have no duty to defend or indemnify a city in over two dozen underlying lawsuits alleging that the city delivered contaminated tap water to its residents. The insurance policies at issue contain...

Aspen Insurance UK Ltd. v. Dune Energy, Inc.

The Fifth Circuit held that a pollution exclusion clause contained in an oil well operator's insurance policy bars coverage for cleanup costs of an oil leak on leased land. The operator argued that the exclusion did not apply...

Continental Casualty Co. v. Jacksonville, City of

The Eleventh Circuit upheld a lower court decision that an insurer had no duty to defend or indemnify a school board in a toxic tort suit. In the underlying case, the school board was being sued for building a school on land once used...

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...

Employers Ins. of Wausau v. Neal Feay Co.

A California appellate court affirmed a lower court decision that an insurer has no duty to defend or indemnify a metal coating company in underlying proceedings filed against it concerning soil and groundwater contamination at the...

State v. Allstate Ins. Co.

The Supreme Court of California affirmed in part and reversed in part an appellate court decision reversing a trial court's grant of summary judgment in favor of excess insurance companies in the state's action to obtain coverage for...

James River Ins. Co. v. Ground Down Eng'g, Inc.

The Eleventh Circuit held an insurance company need not provide legal defense to its insured, an engineering firm, in an underlying lawsuit alleging that it negligently failed to discover construction debris and fuel tanks during an...

Goodrich Corp. v. Commercial Union Ins. Co.

An Ohio appellate court held that the sudden and accidental exceptions to pollution exclusion clauses contained in an aerospace manufacturing company's excess commercial insurance policies provide coverage for gradual releases of...