AK Supreme Asked Whether Pollution Exclusion Applies to Carbon Monoxide Death September 7, 2023 By Jim Sams A federal appellate court is asking the Alaska Supreme Court to decide whether the pollution exclusion in a homeowner’s insurance...
No Duty to Defend Doesn’t Mean No Duty to Indemnify, 5th Circuit Rules August 2, 2023 By William Rabb A federal appeals court has clarified, at least under the realm of Texas law, when an insurer has a duty...
Heating Oil Leak Covered Because of Ambiguous Pollution Exclusion February 1, 2023 By Andrew G. Simpson The Rhode Island Supreme Court for the first time has found the definition of pollution in a commercial policy ambiguous...
N.C. Court Joins Others in Finding Bacteria Exclusion Doesn’t Apply to Legionella Claims October 20, 2022 By Jim Sams A decision by a panel of the North Carolina Court of Appeals this week adds to a body of case...
Sunoco Subsidiary Sues AIG’s National Union Over Climate Change Lawsuit Coverage August 17, 2022 By Chad Hemenway Sunoco subsidiary Aloha Petroleum has filed a federal lawsuit in Hawaii against AIG’s National Union Fire Insurance Company of Pittsburgh,...
Doctors’ Group Accuse Insurers of Using ‘Junk Science’ to Deny COVID Business Claims June 27, 2022 By Andrew G. Simpson The medical profession in New Hampshire is accusing the insurance industry of using “junk science” in justifying its denials of...
11th Circuit Leaves it to Alabama to Decide if Pollution Exclusion Applies to Carbon Monoxide Deaths September 8, 2021 By Jim Sams National Trust Insurance Co. contends that a pollution exclusion in a policy it sold to an Alabama furnace-repair company excludes...
Policyholders Digging for ISO Documents to Support COVID-19 BI Claims June 1, 2021 By Jim Sams Plaintiff’s attorneys are looking deep into the weeds for evidence to support claims for business income lost because of COVID-19...
Smooth Sailing for a Pollution Exclusion? October 16, 2017 By Steven Plitt The question of whether carbon monoxide constitutes a pollutant for purposes of a standard policy pollution exclusion has been mixed...
Offensive Odors Are Pollutants According to South Carolina Court September 12, 2016 By Steven Plitt In a recent decision, South Carolina Ins. Reserve Fund v. East Richland County Public Service Dist., 2016 WL 1125810 (S.C....