PMB Nutritionals v. Lexington Ins. Co., et al.
Year 2010
Court Virginia Supreme Court
Case Number 110669
Issue
  • Pollution Exclusion and Coverages
State
  • Virginia

Claim denied on the grounds that the occurrence was excluded as pollution. UP argued that the exclusion applies to industrial pollution of the environment, as obviated by representations made to regulators.

Related Docs
Author This brief was written pro bono by Ian D. Titley of Gavin Law Offices, PLC (Richmond) and William G. Passannante of Anderson Kill & Olick, P.C. (NYC).
Related Cases
A-One Oil Company vs. The Massachusetts Bay Insurance Company
Year: 1997
Court: New York State Court of Appeals
Case Number: 95-4397
Issue:
  • Pollution Exclusion and Coverages
State:
  • New York

Insurance company should not be able to avoid its duty to defend and indemnify based on a pollution exclusion when damage sustained was result of replacement of an old heater in a private residence. Exclusion, as applied does not meet reasonable expectations of insured.
Belt Painting v. TIG Insurance Company
Year: 2002
Court: New York State Court of Appeals
Case Number: 18328/00
Issue:
  • Pollution Exclusion and Coverages
State:
  • New York

New York State law should limit the application of ISO’s standard-form pollution exclusions to industrial pollution of the environment and it should not be applied to avoid liability for routine premise/operations claims.
Cold Creek Compost, Inc., et.al vs. State Farm Fire & Casualty
Year: 2005
Court: California Court of Appeal
Case Number: A114623
Issue:
  • Duty to Defend
  • Pollution Exclusion and Coverages
State:
  • California

This case involves the proper scope and application of the “reasonable expectations doctrine.” Composting facilities create offensive odors in the ordinary course of business by composting mainly “green materials.” A reasonable policyholder under these circumstances would not consider the odors produced by its operations to…
Cook, Heidi Sue vs. American States Insurance Company
Year: 1996
Court: Washington State Supreme Court
Case Number: 35941-0-1
Issue:
  • Pollution Exclusion and Coverages
State:
  • Washington