Insurance coverage for environmental liabilities under broad form personal injury endorsements

Abstract

Insurance companies vigorously contest and litigate insurance coverage for pollution claims filed under the insurance policies they have sold their policyholders. A number of courts, however, at both the state and federal levels have determined that policyholders have insurance coverage for pollution‐type claims under the personal injury provisions of their liability insurance policies. Nevertheless, considerable debate continues in the courts regarding the scope of personal injury coverage. This article surveys numerous cases that have presided over the issue of whether environmental claims are covered by personal injury insuring provisions, and whether the pollution exclusion is applicable to those claims.