Advertising Disclosure Email Disclosure

The phrase “arising out of” should be interpreted broadly in assessing whether allegations in a complaint fall within the purview of a pollution exclusion.

January 1, 2011
Essex Insurance Company v. Lueron Dixon, et al., 2010 U.S. Dist. LEXIS 98681 (2010)

The plaintiffs alleged bodily injury and property damage resulting from the defendants’ pollution of groundwater and soil with hazardous toxic chemicals. Though the complaint pled multiple counts of negligence, statutory violations, nuisance and trespass, the insurer had no duty to defend or indemnify because the policy’s pollution exclusion encompassed all claims “arising out of” the discharge, dispersal, or escape of pollutants and the phrase “arising out of” should be interpreted broadly.

Case Law Alert - 1st Qtr 2011

Affiliated Attorney

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."