Risk Mgt. in the Courtroom: A 1991 Scorecard

During 1991, courts made diametrically opposed decisions concerning pollution exclusion in standard-form comprehensive liability policies. In several 1991 decisions, courts held that the exclusion does not bar insurance for environmental damages that are unexpected or unintended from the standpoint...

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Bibliographic Details
Published inNational underwriter (Property & casualty/risk & benefits management edition) Vol. 96; no. 13; p. 13
Main Author Anderson, Eugene R
Format Journal Article
LanguageEnglish
Published Erlanger ALM Media Properties, LLC 30.03.1992
EditionProperty & casualty/risk & benefits management ed.
Subjects
Court decisions
Exclusion
Insurance coverage
Interpretations
Liability insurance
Pollution
Pollution control costs
State court decisions
United States > US
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Summary:During 1991, courts made diametrically opposed decisions concerning pollution exclusion in standard-form comprehensive liability policies. In several 1991 decisions, courts held that the exclusion does not bar insurance for environmental damages that are unexpected or unintended from the standpoint of the policyholder. In several other decisions, courts held that the pollution exclusion bars all coverage for pollution that does not happen instantaneously. Thus far, the overwhelming number of courts that have addressed the issue of cleanup costs have ruled in favor of coverage. The courts are also closer to finding a strong precedent in a major new area of insurance coverage: business torts. A growing number of courts are finding that advertising injury provisions, along with personal injury provisions, may provide policyholders with coverage for a wide assortment of business torts and intentional wrongdoing.
ISSN:2326-8670