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Insurance Litigation › Insurance Claims › Comprehensive Environmental Response, Compensation and Liability Act

Wiley Rein LLP

Pollution Exclusion Carve-Out Creates Duty to Defend PFAS Remediation Claim

Wiley Rein LLP on

The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more

Womble Bond Dickinson

The Supreme Court of South Carolina Adopts the Post-Loss Exception

Womble Bond Dickinson on

In PCS Nitrogen, Inc. v. Cont'l Cas. Co., 436 S.C. 254, 871 S.E.2d 590 (2022), the Supreme Court of South Carolina formally adopted the “post-loss exception” - a common law rule providing that insurer consent is not required...more

(ACOEL) | American College of Environmental...

Just How Absolute is the Absolute Pollution Exclusion?

(ACOEL) | American College of Environmental... on

Despite the myriad CERCLA cases on the books, there is little – if any – jurisprudence dissecting the so-called “absolute pollution exclusion” in a comprehensive general liability insurance policy and the insurers’ obligation...more

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