The pollution exclusion continues to be enforced in non-“traditional environmental” circumstances.  On Aug. 30, a Colorado judge ruled that the exclusion prevents a restaurant from relying on liability insurance to pay for a lawsuit by sewer workers exposed to toxic gases that formed from c

The State of California has filed its opening appeals brief in a big environmental coverage dispute, in which it is arguing that it is entitled to coverage for its contamination liability up to the combined limits, which must be based on three occurrence limits, of all applicable excess policies, and that its excess carriers are not entitled to a setoff from insurers that have settled.   There is much more to the story in the Aug. 21 issue of LexisNexis Mealey’s Litigation Rep

New York Governor Elliot Spitzer has vetoed legislation that would have prohibited insurers from denying coverage based on late notice of claims unless they could demonstrate resulting "material prejudice" and allowed claimants to file direct actions against insurers.  Gov. Spitzer said important perspectives on the bill have not been sufficiently considered.