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Pollution exclusion clause

Parks Real Estate Purchasing Group v. National Union Fire Ins. Co.

The court vacated and remanded a lower court's grant of summary judgment in favor of an insurance company in a case involving building damage caused by particulate matter emanating from the collapse of the World Trade Center Towers. The...

Continental Ins. Co. v. Shapiro Sales Co.

A court holds that insurance companies have no duty to defend or indemnify a scrap metal company for underlying environmental contamination claims stemming from the illegal disposal of salt cake. One insurer had no duty to defend or...

International Ins. Co. v. RSR Corp.

The court holds that an insurer must indemnify a lead smelting company for any remediation costs and expenses the U.S. Environmental Protection Agency (EPA) incurred remediating lead pollution at the company's facility on Harbor Island...

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...

Housing Auth. Risk Retention Group, Inc. v. Chicago Hous. Auth.

The Seventh Circuit held that an insurer has no duty to defend or indemnify a local housing authority with respect to an underlying class action lawsuit in which approximately 10,000 current or former residents claimed that they had...

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...

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...

Buell Indus., Inc. v. Greater New York Mut. Ins. Co.

The court holds that the sudden and accidental exception to the pollution exclusion clause contained in a manufacturing company's comprehensive general liability policies bars coverage for trichloroethylene contamination at its...

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...

Smith v. Reliance Ins. Co. of Ill.

The court holds that an insurance company must defend a wastewater treatment impoundment facility against claims filed by individuals living near the facility after a breakdown caused the release of substances and noxious odors. The...