Ohio Federal Judge Says Insured’s Knowledge Of Pollution Is Unclear
Mealey's (July 15, 2016, 10:05 AM EDT) -- COLUMBUS, Ohio — Because it is not clear if an insured knew about a pollution condition prior to a policy’s inception period and failed to report that condition to the insurer when the policy incepted, an Ohio federal judge on July 12 denied the insurer’s motion for judgment on the pleadings (Tunnell Hill Reclamation LLC v. Endurance American Specialty Insurance Co., No. 15-2720, S.D. Ohio; 2016 U.S. Dist. LEXIS 90207).
(Opinion available. Document #03-160720-001Z.)
Tunnell Hill Reclamation LLC, a landfill operator in Ohio, filed suit in...