Events2Join

occurrence and the pollution exclusion


Risk Management—Pollution exclusion minefield 01/09 - Rough Notes

The reason there is no coverage is that such damages may be said to be expected and intended and therefore they are excluded by the definition of 'occurrence' ...

Occurrence, Environmental Claims, Pollution Exclusion - JD Supra

Occurrence › Environmental Claims › Pollution Exclusion · The Hawaii Supreme Court Determines that Greenhouse Gases are "Pollutants" and Ruled ...

"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 ...

What is a Pollutant in the Context of the Application of the Absolute ...

naturally occurring biological pollutant. These pollutants ... environmental pollution precluding insurance coverage under the pollution exclusion clause).

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.

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 ...

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 ...

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 ...

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 ...

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 ...

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.

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 ...

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 ...

Pollution Exclusion - Insurance Law Hawaii

solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, which after its release can ...

Insurance Coverage for PFAS Liability

For more information on triggers of coverage, see Occurrence or Claims-Made Policies. ... For additional guidance about pollution exclusions, see Absolute ...

current insurance policies - Greenbaum Rowe Smith & Davis LLP

pollution liability coverage that is available on an occurrence basis. An ... pollution exclusion which precluded coverage for the release of pollutants stored ...

The Judicial Quagmire concerning the Sudden and Accidental ...

The occurrence definition extends coverage for accidents in- volving "continuous or repeated exposure to conditions." 3 6. However, the pollution exclusion ...

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 ...

Ethylene Oxide—Insurance Coverage Considerations - K&L Gates

A so-called “absolute” pollution exclusion was widely adopted in general liability policies around 1986. Insurers may argue that EO is a “ ...