Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

This post was written by John Ellison and Luke Debevec

Policyholders with pollution-related liabilities in Pennsylvania scored another win in January in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution exclusions" in their policies. In a January 22, 2012 decision, the U.S. District Court for the Western District of Pennsylvania ruled that TIG Insurance Company (formerly Transamerica) owed a defense to its policyholders, Wiseman Oil Company, Inc. and its owners, for claims brought by the United States under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) relating to environmental contamination from the historic operations of an industrial/commercial waste-treatment/reprocessing facility.

For a discussion of the decision and some of its implications, please go to this Reed Smith Client Alert.

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