Tag Archives: Pollution

“Pollutant” Exclusions in Property Insurance Policies, Part 3

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 policy’s “pollutant” exclusion clause. Some believe that the clause provides an absolute exclusion for damages caused by any sort of pollutant, including asbestos, lead, or fumes from Chinese … Continue Reading

Offensive Odors and the Pollution Exclusion

  This blog may appeal to fans (I being one of them) of the almost ubiquitous Sriracha hot sauce. Sriracha has been in the news as of late and is in the center of a controversy over spicy odors emanating from its factory in Irwindale, California where the condiment is produced. The City of Irwindale … Continue Reading

Pollutant Exclusions in Property Insurance Policies, Part 1

This is the first of a series of blog entries where I will examine the relationship between pollutants and first-party property insurance claims. I will be focusing on the different circumstances where coverage disputes have arisen as a result of the pollutant exclusion found in many of today’s homeowners and commercial property insurance policies.… Continue Reading

The Foul Smell of the Absolute Pollution Exclusion

Policyholders in Colorado beware, Colorado’s Appeals Court recently determined that sewage is a pollutant, and that the Absolute Pollution Exclusion, found in many property and liability policies, unambiguously excludes property damages and injuries arising from sewage.… Continue Reading

Oil Spill Insurance Claims Will Be Messy and is Oil a Pollutant?

This morning’s edition of Business Insurance has an article, Claims Could Get Messy After Huge, Costly Oil Spill, which explains that insurance claims are going to be complex and that the cost will certainly be in the billions. My reading of a FC&S discussion on the issue of "pollution" exclusions in homeowners policies indicates the same … Continue Reading

First Party Property Coverage for the Oil Spill to Shoreline Owners

First party property coverage may exist under some common form property insurance policies for losses caused by the oil spill. While I have been rather pessimistic regarding the possibility of first party insurance companies sending legions of claims adjusters to help oil catastrophe policyholders, there appears to be some coverage available, and possibly, a lot … Continue Reading