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19 May, 2014

Double Your Money – Two Pollution Exclusion Rulings from the 8th Circuit!

2018-04-23T20:59:43-05:00May 19th, 2014|Environmental pollution coverage, Midwest Insurance Law Guide, Pollution exclusion|

The 8th Circuit recently issued two pollution exclusions cases: United Fire & Cas. Co. v. Titan Contractors Service, Inc., No. 13-1307 (8th Cir. May 13, 2014) and Church Mut. Ins. Co. v. Clay Center Christian Church, No. 13–1613 (8th Cir. March 25, 2014) In both of these cases, the Circuit denied coverage under a common policy clause that was aimed to exclude all coverage for loss due to exposure to pollutants. In [...]

20 May, 2013

ESOTERIC BUT INTERESTING: Climate Change Coverage

2018-04-23T20:59:44-05:00May 20th, 2013|Commercial General Liability (CGL), Environmental pollution coverage, Midwest Insurance Law Guide|

{This is a periodic column on unique, nerdy and fascinating questions posed by my fastidious readers.  If you have a burning insurance or indemnity issue that you want me to address, drop me a line.  I will research and write about it in a future post.}    Does a standard CGL policy provide coverage for climate change related occurrences? Not yet. A seminal case recently discussed this narrow issue for the first [...]

17 Mar, 2013

POLLUTION IS NOT COVERED – AND WE (MAYBE) MEAN IT THIS TIME!

2018-04-23T20:59:45-05:00March 17th, 2013|Commercial General Liability (CGL), Environmental pollution coverage, Midwest Insurance Law Guide, Pollution exclusion|

♣WE ARE GREEN TODAY FOR ST. PATRICK’S DAY!♣      We can fairly sum up the history of pollution insurance coverage with one word: confusion.  This is because underwriters and ISO forms have made it pretty clear that almost all pollution and environmental losses are not covered; yet courts have found creative ways to insist that they are a covered loss.        This push and pull has left most of us confused as to whether or not it [...]

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