Events2Join

Occurrence and Pollution Exclusion


Occurrence, Duty to Defend, Pollution Exclusion - JD Supra

Occurrence › Duty to Defend › Pollution Exclusion · Insurers Not Required to Cover Climate Change Litigation · The Hawaii Supreme Court Determines ...

Occurrence is Covered Where Pollution Event Is Not Efficient ...

Although the policy excluded pollution, the negligence that preceded the escape of the pollution was the efficient proximate cause, ...

Contractors' Pollution Liability Insurance Coverage

An “occurrence” policy form provides coverage for any claim that “occurs” during the policy term, regardless of when the claim is reported. Conversely, a “ ...

Greenhouse Gas Emissions/Pollution Exclusion: Hawaii Supreme ...

Does the term “accident” include an insured's reckless conduct? · Prior precedents have held that recklessness may be an “occurrence”. · Climate- ...

NY State Appellate Court Holds That Pollution Exclusions Bar Duty ...

NY State Appellate Court Holds That Pollution Exclusions Bar Duty to Defend Under Liability Policies for Claims Alleging Exposure to PFAS.

Contractors Environmental Liability Insurance: Claims-Made versus ...

Occurrence or claims-made-based CEL coverage forms insure damages arising from pollution conditions taking place during the policy period or coverage period.

Anatomy of the Comprehensive General Liability Pollution Exclusion

Occurrence-based policies provide what is sometimes called "prospective cover- age"; if damage or injury occurs during the policy period, the insurer is ...

Is Carbon a “Pollutant”? — The Supreme Courts of Alaska and ...

The pollution exclusion emerged in the 1970s to shield the insurance industry from ever-increasing economic burdens due to environmental claims under newly ...

"Sudden and Accidental" Pollution Exclusions - UKnowledge

According to the author, many courts found coverage for intentional polluters under the "occurrence" language, despite the insurance industry's intent to ...

Another Bridge Spanning the Pollution Exclusion Coverage Gap

of the pollution exclusion's coverage gap by products pollution liability insurance policies. ... of conclusion that “the 1966 'occurrence' policy was ...

The Hostile Fire Exception to the Pollution Exclusion Good News for ...

E & L Chipping has subsequently been limited as only applying to the narrow issue of repeated instances of property damage occurring as a result of continual ...

The Pollution-Exclusion Conspiracy: A Newly Recognized Basis for ...

The paper then addresses the argument that the insurance industry should be estopped from denying coverage for unexpected and unin- tended gradually occurring ...

Insurance Coverage for Environmental Liabilities in Oregon ...

... contamination. The Queen City Farms court read the "occurrence" clause and the pollution exclusion together and found the unexpected leaking ...

Determining an Occurrence in Environmental Insurance Cases

Instead, the Court ruled that the applicable test for determining an occurrence was what the specific policyholder actually intended or expected ...

The Pollution Exclusion Saga Continues: Does It Apply to Indoor ...

Iso-Tex, Inc., 61 F,3d. 405 (5th Cir. 1995)(holding that the absolute pollution exclusion excluded coverage ... no occurrence during the policy term or coverage ...

8.5.3 The Sudden and Accidental Pollution Exclusion

Some courts have held that the pollution exclusion clause is no more than a restatement of the occurrence definition and, therefore, does not restrict coverage ...

Contractors Pollution Insurance Coverage Background | NASCSP

Since the late 1970's, absolute pollution exclusions have been incorporated into general liability policies. This exclusion deletes all coverage related to.

Contractors Pollution Liability Insurance - INSURICA

However, more commonly, CGL policies include a more restrictive “total pollution exclusion.” This type of exclusion effectively removes coverage for any event ...

Pollution Exclusion Bars Coverage for Damage Caused by Dirt and ...

It has also been held that naturally occurring hazardous substances are deemed pollutants when an "unnatural process," such as mining, causes ...

The Judicial Quagmire concerning the Sudden and Accidental ...

Star Fire argued the use of forms of the word "accident" in both the occurrence definition and the exception to the pollution exclusion clause created a "latent ...