Coverage Not Barred By Pollution Exclusion But By Failure To Obtain Receipt

(August 1, 2016, 1:55 PM EDT) -- CHICAGO — An insured’s failure to obtain a storage agreement or warehouse receipt, as required by its insurance policy, bars coverage for the contamination of products stored at the insured’s warehouse, but the policy’s pollution exclusion does not apply because the pollution at issue is not “traditional” pollution under Illinois law, an Illinois federal judge said July 29 in granting the insurer’s motion for summary judgment (PQ Corp. v. Lexington Insurance Co., No. 13-3482, N.D. Ill.; 2016 U.S. Dist. LEXIS 99088).

(Opinion available. Document #03-160803-002Z.)...
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