pollution exclusion News

11th Circuit Leaves it to Alabama to Decide if Pollution Exclusion Applies to Carbon Monoxide Deaths

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 …

Policyholders Digging for ISO Documents to Support COVID-19 BI Claims

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 …

Smooth Sailing for a Pollution Exclusion?

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 …

Offensive Odors Are Pollutants According to South Carolina Court

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 …

A Practical Approach to Pollution Exclusions

The Supreme Court of Vermont recently demonstrated in Whitney v. Vermont Mutual Ins. Co., 2015 VT 140, 2015 WL 8540432 (filed Dec. 11, 2015) a practical approach to the application of an absolute pollution exclusion. The case facts involved a …

Smell May Constitute Physical Loss Under Policy

The New Hampshire Supreme Court recently held that a persistent odor could constitute a “physical loss” under a homeowner’s insurance policy as long as the smell distinctly and demonstrably changed the condition of the property. The decision represents an important …

Odor From Hog Farms is Not a Pollutant

“Pollution” is typically defined in the standard general liability policy as “any solid, liquid, gaseous, or thermal irritant or contaminate including smoke, vapor, soot, fumes, acids, alkaloids, chemicals and waste.” The question of whether a particular material is a “pollutant,” …