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

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida




