Jenner & Block

“Mass. Court Ruling Reinforces 2 Keys to Pollution Coverage,” Insurance Law Update

In this Update, Jenner & Block Partner Brian S. Scarbrough and Associate Alexander J. Bandza examine coverage for environmental contamination.  The authors highlight a Massachusetts federal district court’s decision in Plaistow Project LLC v. Ace Property & Casualty Insurance Co.  They explain that the ruling reinforces two important policyholder concepts.  First, a policyholder does not need to prove that the “sudden and accidental” exception to the pollution exclusion applies to show that the insurer owes a duty to defend.  Second, the “sudden and accidental” exception is highly fact specific.  The Update was reprinted in Law360.