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Pollution exclusion clause

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...

Precision Castparts Corp. v. Hartford Accident & Indem. Co.

A district court held that under Oregon law, a pollution exclusion clause bars coverage for unintended water contamination stemming from a company's intentional discharge of thorium into a city sewer system. The company thought that...

American Cas. Co. of Reading, Pa. v. Miller

A California appellate court held that an insurance company had no duty to defend or indemnify its insured, a furniture stripping business, in underlying suits against it stemming from the release of chemicals into a public sewer system...

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...

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...

Bituminous Cas. Corp. v. Aaron Ferer & Sons Co.

A district court held that an insurance company has no duty to defend or indemnify a metal scrap company for any liability it incurs in connection with the Omaha Lead Superfund site. The insurance policy contains a pollution exclusion...

Auto-Owners Ins. Co. v. Reed

A Georgia appellate court held that a trial court erred in holding that an individual's claim of carbon (CO) monoxide poisoning against her landlord was not excluded from coverage under the landlord's commercial general liability policy...

McGregor v. Allamerica Ins. Co.

The court held that a home heating oil spill that occurred during a company's installation of a furnace at a client's home is excluded from coverage under the company's commercial general liability policy. The company argued that its...

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...