Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: pollution exclusion

No coverage for contaminated water claim at mobile home park, 8th Circuit, Missouri

Posted in Duty to Defend
In Williams v. Employers Mutual Casualty Co., the issue was insurance coverage for claims for contaminated drinking water at a mobile home park. There was no coverage for the claims because the insurance policies’ pollution exclusions excluded coverage for “‘[b]odily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage,… Continue Reading

No Coverage for nuisance claims arising out of poultry and pig farming based on business pursuits and pollution exclusions, 8th Cir. Missouri (unpublished)

Posted in Duty to Defend, New Case
In Grinnell Mutual Reinsurance Company v. Rambo, Rambo and Reynolds were sued for nuisance and other harms caused by their poultry and swine farms.  The trial court granted summary judgment to the insurer because the pollution liability exclusion and the business activities and custom feeding exclusions were unambiguous and precluded coverage for the claims against… Continue Reading

Pollution exclusion made policy illusory — (Illinois, decided under Texas law)

Posted in Contractual Liability, New Case
In In re Liquidation of Legion Indemnity Co., the plaintiffs got a judgment for mold related injuries.  But the insurance company for the builder went into receivership before the judgment, so the plaintiffs went to the receiver to have their claims paid.  When the receiver refused to pay, the parties went to court.  The trial… Continue Reading

Physical Loss can include odors — NH

Posted in Contractual Liability, New Case
In Mellin v. Northern Security Insurance Company, Inc., the Mellins claimed a loss resulting from cat urine odor which came through pipes to their condominium. Northern argued that, although “the words ‘direct’ and ‘physical loss’ are undefined,” “they are commonly understood to require tangible change to the property,” and that the alleged cat urine odor… Continue Reading
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