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, Patrick D. Joyce, and Craig B. Simonsen

EPA Sign

Seyfarth Synopsis: The 9th Circuit confirmed that an EPAs request for information letter investigating a Superfund cleanup site is a “suit” triggering an insurer’s duty to defend.

This week, the Ninth Circuit Court of Appeals affirmed a District Court decision that an information request issued by
Continue Reading Circuit Court Says Superfund Request for Information Triggers Insurer’s Defense Obligation

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

By Mark A. Lies II and Elizabeth Leifel Ash

In July 2010, OSHA began an inspection of Haasbach, LLC following the death of two teenage workers at a Mt. Carroll, Illinois grain elevator.  The employees became entrapped in corn more than 30 feet deep in the elevator and suffocated.  During the OSHA investigation, OSHA issued a document subpoena to Haasbach’s

Continue Reading District Court Creates Conflict Between Insurer And Insured Over Safety Inspection Reports