Insurance coverage dispute as to whether alleged emissions of ethylene oxide gas at a medical instrument sterilization facility in Waukegan were a single “pollution condition,” as that term was defined by the relevant insurance policy, and, as a result, occurred prior to the retroactive date of the policy or whether each alleged incident was a discrete omission, resulting in pollution conditions that occurred both prior to and after the retroactive date of the policy. The trial court held that the insurer had no duty to defend or to indemnify under the policy. The appellate court affirmed, finding that the plaintiff was required to allege that the pollution condition first commenced, in its entirety, after the retroactive date, and it did not do so. (BRIDGES and HUTCHINSON, concurring)
Illinois Appellate Court
Civil Court
Insurance Coverage