May It Please The Court

RSS Feeds
MIPTC Author
About J. Craig Williams

May It Please The Court
by Leonard Rivkin
Barnes & Noble CLE Books

Weblog Comments
Return to the Weblog

Quote of the Day - What the insurance companies have done is to reverse the business so that the public at large insures the insurance companies. - Gerry Spence
Claim Your Profile on Avvo

Pollution Coverage Exclusion Narrowed By Maryland Courts

The pollution exclusion has long been waved as a banner by insurance companies to preclude coverage for a myriad of pollution-related ills, keeping your premium and not paying claims.  In Maryland, however, another chunk just got removed from that wall of impenetrability.

The Maryland Court of Appeals ruled that the total pollution exclusion does not bar liability coverage for an injury suit arising from workplace exposure to welding fumes.  U.S. Fire Insurance Company initially denied claims filed by two of its insureds, Clendenin Brothers Inc. and Nichols Wire, Inc., for personal injury lawsuits filed by workers allegedly exposed to welding fumes, and it's a case we've been watching with interest for some time, along with the entire industry.

According to the Court, the certified question asked to it by the U.S. District Court for the District of Maryland was based on suits brought by plaintiffs against Clendenin and Nichols who allege that proper use of the insureds' welding products produced harmful localized fumes containing manganese, which caused bodily harm and neurological damage.  The insurance company filed a declaratory relief action, seeking to avoid defending its insureds. 

Now, however, USFC has to cover the claim, and repay Clendenin and Nichols for itheir costs to defend these suits.

Posted by J. Craig Williams on Tuesday, January 10, 2006 at 13:14 Comments (1)


Comments by Smitty, from United States on Tuesday, January 10, 2006 at 22:17 - IP Logged
I suppose all welding will delegated to illegal immigrant contractors without insurance now.
So much for contracts.

Add your Comments
You may also leave audio comments by calling our audio comment line at 206-338-3088. Leave us a message and we'll post it here.

Please do not include any HTML or URLs in the comment field. If included, your comment will not be accepted.
*Indicates required fields
Character Count: