No Coverage Owed Under Pollution Condition Provision, New York Federal Judge Says

Mealey's (November 4, 2019, 8:02 AM EST) -- NEW YORK — An insurer owes no coverage under a policy’s pollution loss coverage provision for underlying lawsuits arising out of a fire at a Texas oil refinery because the policy’s pollution loss provision does not apply to the underlying suits; however, the insurer may owe coverage under the policy’s professional services coverage provision as a question of fact exists on the type of services the insured provided prior to the refinery fire, a New York federal judge said Oct. 31 (James River Insurance Co. et al., v. Indian Harbor Insurance Co., No.18-767, S.D. N.Y., 2019 U.S. Dist. LEXIS 189286)....