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Ohio's View of the Pollution Exclusion Clause


Ohio's View of the Pollution Exclusion Clause: Is There Still Ambiguity

In 1971, New York required liability insurance carriers to insert a pollution exclusion clause in all policies: Page 2. 984. OHIO STATE LAW JOURNAL. [Vol. 50: ...

The Ohio Supreme Court's Interpretation of the Pollution Exclusion ...

Our focus here is on the most recent judicial interpretations of the pollution exclusion clause. Most CGL policies included this standard clause ...

"Pollution Exclusion Clause" by W. Roger Fry and Jonathan P. Saxton

... perspective. The Ohio decisions will be examined against the backdrop of current trends and the national consensus. We conclude, for the reasons which ...

Ohio Court Rules That Absolute Pollution Exclusion Does Not Bar ...

The court noted that Ohio courts have held that standard pollution exclusions are intended to apply to “traditional environmental contamination” ...

Case No. 2020-0405 - Supreme Court of Ohio

App'x 485 at 489 (exclusion provision language governs over dicta on what may constitute “traditional” environmental pollution). Policy language ...

Interpreting The Pollution Exclusion Clause In The Comprehensive ...

From the context of insurance policy interpretation, decisions regarding the exclusion will be reviewed and placed in a national perspective. The Ohio decisions.

Has the Ohio Supreme Court Opened the Door for Insurance ...

The Campbell decision may signal a change of view of the Ohio Supreme Court whether insurance companies may lawfully decline coverage in ...

Case: 3:19-cv-02664-JRK Doc #: 64 Filed - GovInfo

Later Ohio appellate decisions have applied this “traditional environmental contamination” view of the absolute pollution exclusion. See ...

AKC, Inc. v. United Specialty Ins. Co. - Supreme Court of Ohio

to the pollution-exclusion provision of the policy, the analysis is different. The. Ninth District determined that the water-backup exclusion ...

Court Interpretations of the Pollution Exclusion in CGL Policies

The field of insurance law is ever- evolving, and courts may change their views at any time. Readers are advised to independently verify the information ...

Interpreting 'Sudden and Accidental' in Pollution Exclusions

A pollution exclusion is a clause in an insurance policy that excludes coverage for claims arising from pollution-related incidents. This can include bodily ...

Ohio Court Rules in Policyholder's Favor on Scope of Pollution ...

The breadth and applicability of an insurance policy's pollution exclusion is a frequently litigated, and potentially dispositive, ...

The Judicial Quagmire concerning the Sudden and Accidental ...

cies, handlers of hazardous wastes, and the environmental cleanup effort. II. DEVELOPING THE POLLUTION EXCLUSION CLAUSE: A HISTORICAL PERSPECTIVE. The pollution ...

50-state-survey-application-of-pollution-exclusion-in-first-party ...

auspices of a pollution exclusion clause that expressly barred it. The court ultimately concluded that the most reasonable interpretation of the contract ...

Ohio's View of the Pollution Exclusion Clause: Is There Still Ambiguity?

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Pollution Exclusions: The Insurance Industry's Attempt to Limit ...

This exclusion is sometimes known as the "sudden and accidental" clause because it allowed coverage for pollution discharges which were sudden and accidental.

Ohio Appellate Court Rejects Regulatory Estoppel - Casetext

With regard to burden of proof, the M&M Metals court held that an insurer establishes the sudden and accidental pollution exclusion by proving ...

Park-ohio Industries, Inc., and Tocco, Inc., Plaintiffs-appellants, v. the ...

Id. In determining the purpose of the pollution exclusion, the court examined the New York State Legislature's intent in mandating the provision. Id. 456 N.Y.S. ...

Denial of Coverage Under the Pollution Exclusion for Claims Arising ...

It did not matter to the court whether the insured and its employees who disposed of the PFAS knew at the time that such chemicals were ...

The Absolute Pollution Exclusion - Butler Weihmuller Katz Craig LLP

The circumstances that led the insurance industry to adopt the standard pollution exclusion clause are well documented.2 Comprehensive general liability (CGL) ...