A federal appellate court is asking the Alaska Supreme Court to decide whether the pollution exclusion in a homeowner’s insurance policy bars recovery for the death of a 17-year-old boy who was poisoned by carbon monoxide emitted by an improperly …
A federal appeals court has clarified, at least under the realm of Texas law, when an insurer has a duty to indemnify – even if it has no duty to defend a tort action against the insured thanks to an …
The Rhode Island Supreme Court for the first time has found the definition of pollution in a commercial policy ambiguous enough to justify vacating a lower court’s summary judgment in favor of the insurer. The insurer, Arbella Protection Insurance Co., …
A decision by a panel of the North Carolina Court of Appeals this week adds to a body of case law that holds insurers liable for outbreaks of Legionnaire’s disease despite policy exclusions for injuries caused by bacteria. The appellate …
Sunoco subsidiary Aloha Petroleum has filed a federal lawsuit in Hawaii against AIG’s National Union Fire Insurance Company of Pittsburgh, saying the insurer has breached its duty to defend Aloha against climate change lawsuits brought by local governments in Honolulu …
The medical profession in New Hampshire is accusing the insurance industry of using “junk science” in justifying its denials of Covid-related business insurance claims. In an amicus brief in a case between a hotel chain and eight insurers, the New …
National Trust Insurance Co. contends that a pollution exclusion in a policy it sold to an Alabama furnace-repair company excludes coverage for a wrongful death claim caused by carbon monoxide poisoning. The Indiana-domiciled carrier won’t be able to test that …
Plaintiff’s attorneys are looking deep into the weeds for evidence to support claims for business income lost because of COVID-19 public safety orders. Lawyers for footwear wholesaler Marc Fisher LLC and its affiliates are asking a Connecticut state court to …
The question of whether carbon monoxide constitutes a pollutant for purposes of a standard policy pollution exclusion has been mixed among the courts. Whether carbon monoxide constitutes pollution is jurisdiction-specific and depends on whether the jurisdiction adopts a traditional or …
In a recent decision, South Carolina Ins. Reserve Fund v. East Richland County Public Service Dist., 2016 WL 1125810 (S.C. App., filed 3/23/16), the Court found that the release of offensive odors constituted a pollutant because the odors involved gas …