Meredith Whigham Caiafa | PropertyCasualtyFocus | July 7, 2017 Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a causal chain,” even if subsequent causes-in-fact of the loss are excluded by the… Continue reading Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy
Tag: Pollution Exclusion
Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion
Traub Lieberman Straus & Shrewsberry LLP | May 2, 2017 In its recent decision in Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. Apr. 27, 2017), the Supreme Court of Washington had occasion to address the concept of efficient proximate cause as it relates to the application of a pollution exclusion.… Continue reading Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion
Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
Steven A. Meyerowitz | Law.com | March 21, 2017 A federal district court in Oregon has ruled that carbon monoxide was a “pollutant” as defined in a commercial general liability (“CGL”) insurance policy such that the policy’s pollution exclusion served to exclude coverage for claims arising from alleged carbon monoxide poisoning. The Case Lawsuits filed… Continue reading Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
Georgia Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Injury
Traub Lieerman Straus & Shrewsberry LLP | March 22,2 016 In its recent decision in Georgia Farm Bureau Mut. Ins. Co. v. Smith, 2016 Ga. LEXIS 245 (Ga. Mar. 21, 2016), the Supreme Court of Georgia had occasion to consider whether under Georgia law, the pollution exclusion applies to a bodily injury claim arising out… Continue reading Georgia Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Injury
Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim
TLSS Insurance Law Blog – September 23, 2014 In its recent decision in State Farm Fire & Casualty Co. v. Dantzler, the Supreme Court of Nebraska had occasion to consider the application of pollution exclusion to an underlying personal injury claim involving an individual’s exposure to lead paint. The case involved coverage under a rental… Continue reading Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim