Pollution Exclusion News

Child Dead, Others Sickened from Opioid Exposure at NY Day Care Center

NEW YORK (AP) — A 2-year-old boy at a home-based day care center in New York City who showed symptoms of opioid exposure died and three other young children were hospitalized, authorities said. Police responded to a 911 call on …

‘Smart Window’ Firm to Pay Almost $5M for Illegal Dumping of Wastewater in Mississippi

JACKSON, Miss. (AP) — A California-based company will pay just under $5 million in fines for discharging wastewater into a publicly owned sewage treatment plant in Mississippi without obtaining a valid state permit, a federal judge ruled Tuesday. View Inc., …

Insurers Balk at Coverage for Firm Accused of Delivering Damaging Biofuel to Customers

Two Crum & Forster subsidiaries have asked a federal court in Massachusetts to declare that they have no duty to provide coverage to an insured heating oil company over its delivery of oil diluted with high quantities of biodiesel that …

Home Heating Oil Leak Is Covered Due to Pollution Ambiguity, Rhode Island Court Rules

The Rhode Island Supreme Court for the first time has found the definition of pollution in a commercial policy ambiguous enough to justify vacating a lower court’s summary judgment in favor of the insurer. The insurer, Arbella Protection Insurance Co., …

Court Rules Massachusetts Law Applies in Rhode Island Contamination Suit

The Massachusetts Appeals Court has ruled that Massachusetts law should apply in deciding whether Narragansett Electric Co. (NEC), a Rhode Island-based utilities provider, is entitled to insurance coverage for environmental contamination at several of its sites. The August 31 decision …

Courts and Carriers Can Misapply the Absolute Pollution Exclusion

Never let it be said that an exclusion would or could be misapplied; but the absolute pollution exclusion likely qualifies as the most misapplied exclusion within the commercial general liability (CGL) policy. Reasons for improper denials by application of the …