Town of Harrison and Village of Harrison v. National Union Fire Insurance Co. Pittsburgh, PA
Year 1995
Court New York State Court of Appeals
Case Number 13167/92
Issue
  • Pollution Exclusion and Coverages
State
  • New York

Absolute “pollution exclusion”; fiduciary duty; duty of good faith and fair dealing

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Year: 1997
Court: New York State Court of Appeals
Case Number: 95-4397
Issue:
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State:
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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.
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Year: 2002
Court: New York State Court of Appeals
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Issue:
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State:
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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.
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Year: 2005
Court: California Court of Appeal
Case Number: A114623
Issue:
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  • Pollution Exclusion and Coverages
State:
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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…
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Year: 1996
Court: Washington State Supreme Court
Case Number: 35941-0-1
Issue:
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State:
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