Judge: Issues Remain On Pollution Exclusion, Primary Insurance Exhaustion

Mealey's (September 8, 2017, 11:52 AM EDT) -- CHICAGO — An insured showed that genuine issues of material fact exist as to whether all primary policies have been exhausted for an excess insurance policy to be triggered and as to whether a pollution exclusion applies, an Illinois federal judge ruled Sept. 7, denying summary judgment to a reinsurer who indemnified the excess policy (Velsicol Chemical LLC v. Westchester Fire Insurance Co., No. 15-2534, N.D. Ill., 2017 U.S. Dist. LEXIS 144698)....