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

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case






