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By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

shutterstock_132968252Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants.

Indiana, unlike other jurisdictions, is pro-insured when it comes to providing coverage for damages arising from pollution events. This is so even where the insurance policy…
Continue Reading Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

By Andrew H. Perellis

An Illinois Appellate Court has weighed in on whether the “absolute pollution exclusion,” found in the typical commercial liability insurance policy, bars coverage for liabilities arising from emissions that complied with a permit limitation. In Erie Insurance Exchange v. Imperial Marble Corp., the Third District (No. 3-10-0380; September 15, 2011) concluded that the pollution exclusion…

Continue Reading “Absolute Pollution Exclusion” Not Really Absolute: Insurance Coverage for Damages May Exist Where Emissions Were In Compliance With A Permit, Thus Triggering Duty to Defend