Scott Seaman Comments on Illinois Supreme Court's Review of Pollution Exclusion
Via Law360 Insurance Authority
In The News | 1 min read
Apr 29, 2025
Scott Seaman, Chicago-based partner and Co-Chair of Hinshaw's Insurance Services Group, was quoted in a recent Law360 Insurance Authority story on the Illinois Supreme Court's decision to address a certified question referred to it by the Seventh Circuit about whether pollution exclusions in commercial general liability (CGL) policies apply to industrial emissions where the emissions were within the limits of permits.
Seaman noted that it is not common for the Seventh Circuit to certify such questions to the Illinois Supreme Court, as "the justices generally are confident in their ability to make an Erie prediction on how the Illinois Supreme Court would rule. The court believed that an intermediate Illinois appellate court decision interposed some doubt as to how the Illinois Supreme Court may rule."
Seaman emphasized that the pollution exclusion in CGL policies is clear and does not distinguish between permitted and unpermitted discharges. "There is no fair dispute but that the pollution here is 'traditional' environmental pollution," Seaman said. "The exclusion has no exception for lawful or permitted discharges." He further explained that the exclusion plainly bars coverage for pollution, regardless of whether emissions are within regulatory limits.
Seaman also highlighted the broader economic implications, stressing that judicially limiting such exclusions could disrupt the insurance market. "An artificial judicial limitation on an exclusion—particularly on an exclusion such as a pollution exclusion—improperly alters the terms of the parties' agreement, provides coverage for risks expressly factored out of the bargain, and pours fuel on social inflation, which already is out of control," he said.
The Illinois Supreme Court's answer is expected to provide important guidance for insurers and policyholders alike regarding the scope of pollution exclusions in liability policies.
Read the full article (subscription may be required).
- Law360 Insurance Authority: "Justices' Pollution Exclusion Review Could Realign Courts" (April 24, 2025)
Related People
Related Capabilities
Related Locations
Featured Insights

Webinar
Oct 29, 2026
Carol Rooney Presents on Building a Career in Appellate Practice

In The News
Oct 28, 2026
James Ferrara Comments in The New York Times on Stalled Boca Raton Luxury Condo Project

Insights for Insurers Alert
Oct 28, 2026
Insurance and Reinsurance Commutations, Run-Off, and Loss Portfolio Transfers

Healthcare Alert
Oct 27, 2026
Illinois Medical Aid-in-Dying Law Takes Effect Amid Legal Challenges

In The News
Oct 26, 2026
Scott Seaman Examines the Insurance Coverage Implications of a Recent NFL Concussion Ruling

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation





