Illinois trio inks Law360 article
Chicago office managing partner Becky Ross, Chicago partner Eileen King Bower (both General Liability, Property and Bad Faith co-practice group leaders), and Chicago associate Seth Erickson had their article “ Ill. Keeps It Plain in Absolute Pollution Exclusions” published March 22 on Law360.
The article discusses at length the February 22 affirmed summary judgment decision of the First District for the Illinois Court of Appeals in Village of Crestwood v. Ironshore Specialty Insurance Co.
“The court found that the insurers had no duty to defend or indemnify the village against claims alleging that the village had mixed polluted water into the municipal tap water because the ‘underlying claims fell within absolute pollution exclusion clauses,’” the three attorneys stated in the article.
The decision also continues the trend of Illinois courts’ enforcement of the absolute pollution exclusion, the trio surmises: “… the Crestwood decision affirmatively extends the meaning to instances in which a party mixes contaminated material with otherwise noncontaminated material and distributes that contaminated combination.”
“This general scenario is relevant to many industries,” Ross, Bower and Erickson conclude, “and insurers should consider this decision when making future coverage determinations.”