Indiana Court Adopts Uniform, Not Site-Specific, Interpretation of Pollution Exclusion

January 24, 2011
Tred R. Eyerly, Insurance Law Hawaii

Where the insured faces environmental suits in several states, should the law governing the liability policy be “site-specific,” meaning the law of each state in which allegations of injury or property damage arise governs the policy’s interpretation, or “uniform,” whereby a single state’s law governs? In Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Standard Fusee Corp., No. 49S04-1006-CV-318 (Ind., Dec. 29, 2010) (opinion here), the court favored a uniform interpretation. Read Full Article...


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