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As a service to Jenner & Block's clients and the greater legal community, the firm's Insurance Recovery and Counseling practice maintains online resource centers that offer the latest case law and other developments.
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In the November Insurance Law 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.