Insurance Coverage Pollution Exclusion

This clause usually appears in a standard form in a Professional Indemnity insurance. In State Automobile Mutual Ins.

Environmental Insurance Just The Facts Expert Commentary Irmi Com

Pollution exclusions and sublimits also effect extra expense loss of rents and business interruption coverages.

Insurance coverage pollution exclusion. All pollution coverage for bodily injuryproperty damage is excluded under most circumstances including the following situations. Absolute pollution exclusion is a commercial liability insurance clause that removes coverage of pollution resulting from regular business operations. This was the way the industry planned to exclude true pollution damage from coverage while at the same time preserving coverage for legitimate casualty claims.

This exclusion does not apply to. As a result coverage for PFAS contamination does not exist under many post-1986 policies. Pollution damage was exempted from coverage unless caused by.

THE POLLUTION EXCLUSION BARRIER The main coverage issue with PFAS is pollution exclusions. The Insurance claim is not available for the following risks. By Gene Killian on March 30 2012.

In 1986 the insurance industry added an absolute pollution exclusion to general liability policies. This exclusion is sometimes known as the sudden and accidental clause because it allowed coverage for pollution discharges which were sudden and accidental. In Westport Insurance Corp.

Thirty years ago recognizing that comprehensive general liability CGL insurance policies were tailor made to provide coverage for most pollution-related injuries insurers added an exclusion to CGL policies in an attempt to avoid coverage for such claims. Alabama Supreme Court ruled that an absolute pollution exclusion clearly precluded coverage for the cost of cleaning up contamination from gasoline leaking out of pipes connecting above-ground storage tanks and gasoline pumps at the insureds service station. POLLUTION EXCLUSION The standard comprehensive general liability insurance policy contains an exclusion for any bodily injury property damage personal injury or advertising injury arising out of the actual alleged or threatened discharge seepage.

While the pollution exclusion has generated extensive litigation under liability insurance policies few property insurance cases address it. Some believe that the clause provides an absolute exclusion for damages caused by any sort of pollutant including asbestos lead. As a result coverage for environmental claims is more limited under these types of policies issued starting in 1986.

Old versus New Pollution Exclusion Pollution LiabilityŠThe new pollution exclusion differs from the old exclusion in the following ways. Occasionally it might instead form part of the definition of Pollutants which is then used in a Pollution Exclusion. EXCLUSIONS TO COVERAGE G.

There is no distinction between suddenaccidental and gradual events. Pollution exclusion clauses were added to Comprehensive General Liability insurance policies around 1973. 1 Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time.

Even subtle distinctions can make all the difference in determining whether the exclusion applies. This insurance does not apply to. Gaps in property insurance coverage created by pollution exclusions can be insured under a high quality environmental impairment liability insurance policy.

Radioactive Contamination or Explosive Nuclear Assemblies Exclusion. VN Hotel Group LLC 513 Fed. Beginning in 1986 insurers began including a more restrictive pollution exclusion in general liability policies referred to as the total or absolute pollution exclusion.

Flexdar the Indiana Supreme Court has just held that the so-called absolute pollution exclusion contained in general liability insurance policies from 1986 forward. Cases Where you Cant Claim Pollution Legal Liability Insurance Exclusions The pollution legal liability insurance offers comprehensive coverage to manage the risks due to industrial activities harming the environment. The Fund denied coverage based on the pollution exclusion which barred coverage for personal injury or property damage arising out of the discharge dispersal release or escape of smoke vapors soot fumes acids alkalis toxic chemicals liquids or gases waste materials or other irritant contaminants or pollutants into or upon land the atmosphere or any water course or body of water.

1 Depending on how the pollution exclusion is read its breadth may effectively render the insurance coverage under CGL policies. Pollution resulting from asbestos and lead. While the word pollutant may be defined by an English dictionary the meaning of the term is frequently litigated in cases where coverage is denied under a policys pollutant exclusion clause.

Pollution is excluded from the GL insurance policy that most construction companies purchase. Professional Liability Insurance Policies. The Insurance Services Office ISO provides the language which insurance carriers typically use for their GL policies1The ISO GL policy has a coverage exclusion for.

A recurring DO insurance coverage concern involves the question whether the standard pollution exclusion typically found in most DO policies could preclude coverage for a securities lawsuit alleging pollution-related misrepresentations or omissions. The court ruled that the focus of the inquiry under the absolute pollution exclusion. In what appears to be the first state supreme court decision on the pollution exclusion in a property policy the Virginia Supreme Court has upheld the exclusion as unambiguous.

In PBM Nutritionals LLC v. And where a policy has both a pollution exclusion and some form of a virus-related exclusion that does not bar coverage for some reason the insurer should not be able to use the former to accomplish what the latter cannot. The Absolute Pollution Exclusion.

Posted in Insurance. Posted in Contract construction Emerging Trends Environmental coverage. The pollutant exclusions language often varies between insurance carriers and the type of coverage being provided for example commercial property versus homeowners or all-risk versus named-peril policies.

Public Liability Insurance Coverage Claim Exclusions