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Ninth Circuit narrows insurers' options in pursuing subrogation claims under CERCLA

Manatt Phelps & Phillips LLP
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USA
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April 18 2013

The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties if its insured had made a written

Sudden and accidental pollution in Massachusets not always fatal to coverage

Foley Hoag LLP
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USA
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February 22 2013

In some jurisdictions, an environmental claim under a liability policy with a "sudden and accidental" pollution exclusion has the same prospect of

Louisiana court finds settlement of environmental enforcement actions triggers insurance coverage

Shook Hardy & Bacon LLP
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USA
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April 26 2013

The Louisiana Court of Appeals has ruled that a commercial pollution legal liability policy covered at least some costs to be incurred in connection

Federal court rules pollution exclusion clause bars insurance coverage for slag placement

Shook Hardy & Bacon LLP
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USA
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August 31 2012

A federal court in South Carolina has ruled that a pollution exclusion clause in an insurance policy bars coverage for property damage caused by the placement of slag that later leaked arsenic and lead into the ground

Interpreting the scope of commercial general liability insurance policies and the duty to defend following the supreme court of canada's decision in progressive homes

Gowling Lafleur Henderson LLP
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Canada
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October 20 2010

The Supreme Court of Canada's decision in Progressive Homes Ltd. Progressive Homes Ltd. v. Lombard General Insurance Company of Canada, 2010 SCC 33, which was rendered on September 23, 2010, has important consequences for the interpretation of the scope of commercial general liability (“CGL”) insurance policies and the duty to defend claims for environmental liabilities

Eleventh Circuit joins growing number of courts enforcing pollution exclusion to bar coverage for defective drywall claims

Simpson Thacher & Bartlett LLP
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USA
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January 15 2013

Previous Alerts have documented the emerging trend of enforcing pollution exclusions to bar coverage for drywall-related claims, including a recent

Alaska Supreme Court enforces pollution exclusion

Wiley Rein LLP
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USA
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July 3 2008

The Alaska Supreme Court has ruled in Whittier Properties, Inc. v. Alaska National Insurance Co., No. 6273 (Alaska June 13, 2008) that coverage is barred by an “absolute” pollution exclusion for gasoline leaks from an underground storage tank, holding that the exclusion is unambiguous and that the policyholder’s contrary interpretation was unreasonable

Too much of a good thing: household product triggers pollution exclusion, because "quantity matters"

Jorden Burt LLP
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USA
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March 22 2013

Pollution exclusion clauses began appearing in commercial general liability policies when federal laws began making businesses liable for the cost of

Words matter settlement agreements should be enforced as written

Foley Hoag LLP
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USA
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April 2 2013

Sometimes you read a decision and it's hard to understand how there really were two plausible sides to the dispute. Arrowood Indemnity Company v The

Restoring the pollution liability exclusion’s intent

Blaney McMurtry LLP
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Canada
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April 29 2011

It appears the Court of Appeal has given new life to its earlier reasoning in Ontario v. Kansa by its decision in the just released ING v Miracle case

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Search results

Ninth Circuit narrows insurers' options in pursuing subrogation claims under CERCLA

Sudden and accidental pollution in Massachusets not always fatal to coverage

Louisiana court finds settlement of environmental enforcement actions triggers insurance coverage

Federal court rules pollution exclusion clause bars insurance coverage for slag placement

Interpreting the scope of commercial general liability insurance policies and the duty to defend following the supreme court of canada's decision in progressive homes

Eleventh Circuit joins growing number of courts enforcing pollution exclusion to bar coverage for defective drywall claims

Alaska Supreme Court enforces pollution exclusion

Too much of a good thing: household product triggers pollution exclusion, because "quantity matters"

Words matter settlement agreements should be enforced as written

Restoring the pollution liability exclusion’s intent

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