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05 Jun 2015 Are we seeing a revival in Michigan environmental insurance coverage?

The U.S. District Court for the Western District of Michigan, on Feb. 3, 2015, ruled in favor of a policyholder seeking insurance coverage for “Superfund” cleanup costs:  Decker Manufacturing Corp. v. Travelers Indemnity, No. 1:13-CV-820. The court rejected the insurer’s pollution exclusion defense:   “Under this approach, the relevant discharge is the discharge from the Landfill into the environment rather than the placement of waste into the Landfill.  Travelers has not met its burden of showing that the pollution exclusion applies.  Accordingly, Travelers’ Motion for Summary Judgment on the pollution exclusion will be denied.  Moreover, because there is no evidence to suggest that Decker was on notice of any problems at the Landfill or that Decker ‘intended or expected’ that its wastes would be discharged…

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