Tag archives: Pollution

A rare contribution case, and the pollution exclusion (US)

By Patrick Bracher (ZA) on July 30, 2019 Posted in Insurance

After the Zurich American Insurance Co (ZAIC) in Missouri, USA paid out a claim on wrongful death from asbestos exposure, it sought a contribution from Insurance Company of North America (INA). The claim for contribution failed because the INA policy had a pollution exclusion but the principles of contribution between insurers were discussed. The facts … Continue reading

Evidence of sudden and accidental pollution rejected (US)

By Patrick Bracher (ZA) on July 3, 2019 Posted in Insurance

A corporation which operated two industrial sites found significant amounts of ground water contamination. Its attempt to get insurance cover on the basis that the pollution was sudden and accidental was unsuccessful because the evidence of its expert was rejected as not being based on sound methodology. The pollution exclusion therefore defeated the claim. On … Continue reading

Carbon monoxide death liability claim fails on pollution exclusion (US)

By Yash Naidoo on July 24, 2018 Posted in Insurance

Two tenants of a second-floor unit in an apartment building (condominium) in Florida USA died in their bedroom, after inhaling carbon monoxide gas whilst asleep. The gas was believed to have come from a car in the unit’s garage. It seeped into the air-conditioning system of the unit and entered the bedroom through the system’s … Continue reading

No coverage for landfill clean-up – not sudden and accidental

By Patrick Bracher (ZA) on July 18, 2016 Posted in Insurance

A US Supreme Court reversed a lower court’s decision awarding $9.1 million to an insured company for the company’s defence costs of litigation over a clean-up of a landfill in Massachusetts. The clean-up was done under the Comprehensive Environmental Response, Compensation and Liability Act when an action was brought by the authorities forcing the company to … Continue reading

Insurer not liable for claim settled without consent

By Patrick Bracher (ZA) on May 5, 2016 Posted in Insurance

An insured lead mining company settled a pollution suit for $55 million without inviting the insurer to participate in the deal. The insurer was therefore not liable to pay the claim. According to the policy, the insured was required to consult the insurers in settling claims. Although the insured advised the insurer that mediation to settle … Continue reading

There is no fire without smoke: And the smoke is not “pollution”

By Patrick Bracher (ZA) on May 12, 2015 Posted in Insurance

A Michigan USA court has held that the smoke from an apartment fire that caused injuries to other tenants did not constitute a pollutant for the purposes of a pollution exclusion in a commercial general liability policy. The plaintiffs’ claims for their injuries did not relate to injuries “that were caused in whole or in … Continue reading