August 30, 2017

Lead-Based Paint Is a “Pollutant” within CGL Pollution Exclusion

Source:, August 2017
By: Kent Holland

Where lead-based paint was ingested by a tenant’s child, the tenant sued her landlord for injuries allegedly sustained by the child. The landlord tendered the claim to its commercial general liability (CGL) insurer who, instead of defending the case, filed a declaratory judgment action seeking a determination that the pollution exclusion of the CGL policy barred coverage for the alleged injuries. The Owner held that, although not specifically listed in the pollution definition as a “pollutant,” lead-based paint is, in fact, a “pollutant” within the meaning of the policy. The policy’s pollution exclusion was, therefore, applicable, and the insurer had no duty to defend and indemnify the landlord. See Georgia Farm Bureau Mut. Ins. Co. v. Smith, 298 Ga. 716, 784 S.E.2d 422 (2016).

The terms of the CGL policy required the insurer “to pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’” … “only if: (1) the ‘bodily injury’ or ‘property damage’ is caused by an ‘occurrence’ that takes place ….” An occurrence is defined as “an accident.” Coverage was subject to exclusions, including the pollution exclusion, which provided that the insurance does not apply to “(1) ‘[b]odily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of ‘pollutants’: (a) [a]t or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured.”…

December 10, 2010

Indiana Court Approves $4.3 Million Cleanup Settlement for Contaminated Scrap Yards

Publication Date 09/21/2010
Source: Business Wire

A federal Judge in Indiana today approved a $4.3 million settlement agreement, ending three years of environmental litigation over cleanup costs for two Evansville sites contaminated with lead and PCBs.

The Evansville Greenway & Remediation Trust filed a lawsuit in 2007 against Southern Indiana Gas & Electric Company (SIGECO), Heritage Coal; Mead Johnson Co., Black Beauty Coal; Squaw Creek Coal, and Mulzer Crushed Stone under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Indianas Environmental Legal Action statute (ELA) seeking cleanup costs for polluted scrap yards owned by General Waste Products, Inc. …

September 24, 2010

Settlement Awarded for Contaminated Scrap Yards

After three years of environmental litigation, a Trust in Indiana was awarded $4.3 million in cleanup costs for two sites contaminated with lead and polychlorinatedbiphenals (PCBs).  The Trust filed the suit in 2007 under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Indiana Environmental Legal Action (ELA) statute for cleanup costs for the polluted scrap yards.  “The Trust claimed that defendants discarded batteries and transformers containing lead and polychlorinatedbiphenyls (PCBs) at the scrap yards, contaminating both properties.” (Source: