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Toxic Exposure Policy Exclusions

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

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On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

Phelps Dunbar on

The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Goldberg Segalla

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

Goldberg Segalla on

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a...more

Akerman LLP

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death...

Akerman LLP on

In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

Houston Harbaugh, P.C. on

Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

Goldberg Segalla

Plaintiffs’ Judgment Covered in Part under Excess Policies, Subject to “All Sums” Allocation

Goldberg Segalla on

Supreme Court of New York, Monroe County - Meissner v. Ridge Constr., Inc., 2022 - N.Y. Misc. LEXIS 310 After obtaining a jury trial verdict of $8 million on November 19, 2019, in an action for asbestos exposure in...more

Carlton Fields

New York Supreme Court Allows Paint Company to Pursue Coverage for $102M Lead Paint Settlement

Carlton Fields on

In Certain Underwriters at Lloyd’s, London v. NL Industries Inc., a New York Supreme Court recently ruled that paint maker NL Industries Inc. may seek insurance coverage for its almost $102 million share of a settlement,...more

Carlton Fields

Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation...

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Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail...more

Bradley Arant Boult Cummings LLP

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

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