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ARTICLE · 15 AUGUST 2016

Despite Pollution Exclusion, Insurer On Hook For Contamination In Indiana

Seyfarth Shaw LLP
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The Northern District of Indiana rejected the insurer's assertion that its pollution exclusion clauses unambiguously included all contaminants.

United StatesEnvironment
Andrew Perellis
Andrew Perellis
Patrick Joyce
Patrick Joyce
Craig Simonsen
Craig Simonsen
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Seyfarth Synopsis: The Northern District of Indiana rejected the insurer's assertion that its pollution exclusion clauses unambiguously included all contaminants.

Indiana, unlike other jurisdictions, is pro-insured when it comes to providing coverage for damages arising from pollution events. This is so even where the insurance policy attempts to exclude coverage.

Old Republic Ins. Co. v. Gary-Chicago Int'l Airport Auth., No. 15-cv-00281 (N.D. Ind., July 25, 2016), is the latest in a line of cases to hold that, in Indiana, if an insurer wants to exclude coverage for pollution, the policy must state with specificity the contaminants and pollutants for which coverage is excluded.

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