Griffith Foods International, Inc. v. National Union Fire Insurance Company of Pittsburgh, P.A.

In an insurance coverage dispute arising out of mass tort litigation relating to environmental pollution, the court considered whether an industrial pollutant discharged pursuant to a permit issued by an Illinois regulatory agency constituted traditional pollution subject to a pollution exclusion in a commercial general liability policy. The Seventh Circuit observed that Illinois law on the issue was “unsettled” and certified the question to the Illinois Supreme Court for a definitive answer on how Illinois law applies to the issue. (ST. EVE and KIRSCH, concurring)