SDV Insights

Environmental Insights

Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

Applying Louisiana law, a recent federal court decision exemplifies why policyholders should thoroughly read claims-made policies to understand when notice is due to insurers and truthfully complete policy applications.

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Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other

The Hartford's so-called virus exclusion in its commercial property forms is getting a workout, and policyholders now have an argument that may help their cases move past the pleadings stage. A U.S. District Court in Florida has deemed the exclusion ambiguous and denied an insurer's motion to dismiss.

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Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

The Fifth Circuit Court of Appeals recently held that an insurer was not obligated to pay damages associated with a hydrochloric acid spill based on a pollution exclusion in the policy.

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To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

While I typically discuss cases concerning pollution, today I will change a few letters around and discuss pollination. The case, Unigard Insurance Co. et al. v. George Perry and Sons Inc. et al., asks whether there is coverage for a lawsuit brought against a commercial farm that is alleged to have killed off bee colonies used for pollination.

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The "Unavailability Exception" is Unavailable to Policyholders, According to New York Court of Appeals

The New York Court of Appeals recently upheld a prior appellate division decision finding that policyholders facing environmental claims, spanning multiple years, cannot force their insurers partially on the risk to provide coverage for years where the insurers did not issue policies, even though pollution insurance was unavailable in the marketplace.

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District of Oregon Predicts Oregon's Place in "Plain Meaning" Pollution Camp

The Federal District Court for the District of Oregon recently decided that Carbon Monoxide constitutes a pollutant within the meaning of a pollution exclusion in a Commercial General Liability ("CGL") policy.

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Washington Supreme Court Issues Groundbreaking Pro-Policyholder Pollution Decision

The Washington Supreme Court recently extended the efficient proximate cause doctrine - commonplace in first-party insurance - to a commercial general liability ("CGL") pollution claim.

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Travelers' 3rd Circ. Win Curbs Insurers' Asbestos Exposure

In breaking news this week, LAW360.com posted that the Third Circuit ruled Friday that "a common exclusion found in a Travelers policy bars coverage for claims arising out of asbestos in any form, limiting insurers' potential exposure to asbestos injury claims by precluding policyholders from arguing that the exclusionary language is ambiguous and doesn't extend to products containing the carcinogen."

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Louisiana District Court Declines to Apply Total Pollution Exclusion

The United States District Court for the Eastern District of Louisiana recently decided that a broad total pollution exclusion in a marine general liability policy did not bar coverage.

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California Federal Court Allows Policy Stacking to Cover Continuous Injury

"Stacking" is a practice that is very favorable for policyholders, especially in environmental coverage cases involving extended pollution events.

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