Nick Dolejsi | Zelle The Illinois Supreme Court recently provided much-needed clarity on the scope and application of pollution exclusions in commercial general liability insurance policies. In Griffith Foods v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No. 131710 (Ill. Jan. 23, 2026), the court considered the following certified question: “what relevance, if any,… Continue reading Illinois’ Highest Court Finds that Government-Authorized Pollution is Still Pollution for Purposes of Pollution Exclusions in CGL Policies
Tag: Illinois
Illinois Federal Court Holds CGL Policy Does Not Cover Remediation Costs for Illegal Dumping
Thomas Benjamin Boley and Kenneth Ryan | Wiley Rein The U.S. District Court for the Central District of Illinois, applying Illinois law, held that a commercial general liability policy did not provide coverage for a suit seeking compensation for costs associated with remediation of the insured’s unlawful dumping. Great West Cas. Co. v. Ryan VanFleet, 2026… Continue reading Illinois Federal Court Holds CGL Policy Does Not Cover Remediation Costs for Illegal Dumping
No Coverage for Claim Made During Policy Period but Reported After Policy Period
Andrea Martinez | Wiley Rein The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that there is no coverage under a claims-made policy for a claim made during the policy period but reported after the policy period expired. Berkley Ins. Co. v. Caraway, 2025 WL 3280220 (S.D. Ill. Nov. 25,… Continue reading No Coverage for Claim Made During Policy Period but Reported After Policy Period
Insured’s Motion To Stay Coverage Action Denied Where Duty To Defend Is Based On Allegations Against Insured
Lauren Maldanado | Wiley The U.S. District Court for the Northern District of Illinois, applying Illinois law, denied an insured’s motion to stay an insurer’s declaratory judgment action seeking a declaration that it owed no duty to defend. Landmark Am. Ins. Co. v. Reprod. Genetics Inst. Inc., 2025 WL 2855214 (N.D. Ill. Oct. 8, 2025). The… Continue reading Insured’s Motion To Stay Coverage Action Denied Where Duty To Defend Is Based On Allegations Against Insured
Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions
Derrick Earl Anderson and Robert Wallan | Policyholder Pulse Blog The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the substance was lawfully emitted under an environmental permit? The court accepted a certified question… Continue reading Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions