MMM Senior Associate Jena Emory recently published an article in Law360, offering insight into a notable insurance coverage decision from the U.S. District Court for the Southern District of Georgia.
In Citizens Insurance Co. of America v. Augusta Chiller Service Inc., the court held that while the duty to defend was ripe for review, the duty to indemnify was not. This distinction carries significant procedural and strategic considerations for insurers. Additionally, the court examined critical policy exclusions, adopting a broad interpretation of “pollutant” and applying a but-for causation standard that ultimately favored insurers. However, due to its ambiguity, the court declined to enforce a professional services exclusion. Emory’s analysis offers valuable guidance for parties involved in coverage disputes, especially those concerning pollution exclusions and the timing of indemnity obligations.
Read more here. A Law360 subscription is required.
