State of California vs. Superior Court
Year 2005
Court Fourth Appellate District, California
Case Number
Issue
  • Pollution Exclusion and Coverages
State
  • California

Application of the “pollution Exclusion” in liability insurance policies, regarding allocation of burden of proof as between covered and non-covered issues; regulatory estoppel; (regulatory admissions)

Related Docs
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