Scott Seaman Praises NY Appellate Court Ruling that Pollution Exclusions Barred Coverage for "Forever Chemicals" Environmental Suit

Scott Seaman, the Chicago-based co-chair of Hinshaw's global Insurance Services Practice Group, discussed in a recent Law360 article the topic of coverage disputes involving pollution and environmental remediation policy exclusions. Specifically, Seaman discussed a recent New York appeals court ruling that found the insurer had no duty to defend a policyholder in a lawsuit accusing it of polluting soil, air and water supplies with so-called "forever chemicals."

Seaman said the appeals court's decision was "entirely correct," and praised the court's conclusion that the damages from forever chemicals squarely fall within pollution exclusions regardless of whether a particular substance is specifically named as a pollutant, whether a substance was understood to have a detrimental effect on the environment at the time the policy was entered into, or whether pollution was an intended result.

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"Environmental Coverage Disputes Continue Evolution In 2022" was published by Law360 on April 22, 2022.