Jason Taylor | Traub Lieberman On October 7, 2024, the Hawaii Supreme Court answered the question of whether an “accident” includes an insured’s reckless conduct in emitting harmful greenhouse gases (“GHGs”) and whether such emissions are “pollutants” as defined in a general liability policy’s pollution exclusion. In Aloha Petro., Ltd. v. National Union Fire Insurance Co.… Continue reading Hawaii Supreme Court Finds Climate Change Lawsuit Barred by “Pollution Exclusion”
Tag: Pollution Exclusion
An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions
Junaid Savani | Kennedys Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether the underlying allegations fall within the scope of the exclusion. In this regard, there are “two distinct views”… Continue reading An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions
Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways
Paul Briganti | White and Williams On December 5, 2022, the U.S. District Court for the District of Georgia held that a total pollution exclusion (TPE) in a CGL policy relieved the insurer of any obligation to defend or indemnify a recycling company in a putative class action alleging PFAS contamination of Georgia waterways. See Grange… Continue reading Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways
Pollution Exclusion Found Ambiguous
Tred R. Eyerly | Insurance Law Hawaii The Mississippi Supreme Court found the pollution exclusion ambiguous under the facts presented. Omega Protein, Inc. v. Evanston Ins. Co., 2022 Miss. LEXIS 90 (Miss. March 31, 2022). Omega Protein, Inc., entered a contract with Ascu-fab to perform welding and other fabrication work at their… Continue reading Pollution Exclusion Found Ambiguous
Landmark Montana Supreme Court Decision Series: Trigger and Allocation
Lorielie S. Masters, Patrick M. McDermott and Rachel E. Hudgins | Hunton Insurance Recovery Blog In one of the top insurance-coverage decisions of 2021, the Montana Supreme Court at the end of the year handed down a landmark decision adopting the continuous trigger of coverage and “all sums” allocation, finding a duty to defend and… Continue reading Landmark Montana Supreme Court Decision Series: Trigger and Allocation