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: Pollution Exclusion
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
Are PFAS Claims Excluded Under A Pollution Exclusion? A California Court Finds It Depends.
Jena Emory | Morris, Manning & Martin This article will discuss policyholder concerns after a California federal court recently found that some PFAS claims in an MDL were excluded under a pollution exclusion, but others were not. The case is Nat’l Foam, Inc. v. Zurich Am. Ins. Co., No. 23-CV-03873-LB, 2025 WL 699361, at *1 (N.D.… Continue reading Are PFAS Claims Excluded Under A Pollution Exclusion? A California Court Finds It Depends.
Hawaii Supreme Court Finds Climate Change Lawsuit Barred by “Pollution Exclusion”
Jason Taylor | Traub Lieberman On October 7, 2024, the Hawaii Supreme Court answered the question of whether an “accident” includes an insured’s reckless conduct in emitting harmful greenhouse gases (“GHGs”) and whether such emissions are “pollutants” as defined in a general liability policy’s pollution exclusion. In Aloha Petro., Ltd. v. National Union Fire Insurance Co.… Continue reading Hawaii Supreme Court Finds Climate Change Lawsuit Barred by “Pollution Exclusion”
An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions
Junaid Savani | Kennedys Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether the underlying allegations fall within the scope of the exclusion. In this regard, there are “two distinct views”… Continue reading An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions