An Ohio federal district court addressed whether a landfill operator’s insurer was obligated under a claims-based Environmental Impairment Liability (“EIL”) policy to defend and indemnify against claims concerning odors emanating from the landfill. See Tunnell Hill Reclamation, LLC v. Endurance American, Specialty Insurance Co., 2016 WL 3689100.

Endurance Insurance (“Endurance”) issued a one-year policy to Tunnell Hill for a landfill in New Lexington, Ohio.

The policy consisted of the following coverage sections:

  1. Occurrence-based Commercial General Liability (“CGL”);
  2. Claims-based Contractors Pollution Liability (“CPL”); and
  3. Claims-based Environmental Impairment Liability (“EIL”).

The EIL Policy covered:

  1. pollution conditions that had not been discovered at the inception of the policy; or, if they had been discovered prior to the policy,
  2. pollution conditions that had been listed by endorsement and reported to the insurer.