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

Summary

The Illinois Supreme Court answers a certified question from the Seventh Circuit concerning the relevance of permits or regulations authorizing emissions to the application of a pollution exclusion in a standard-form commercial general liability policy. The court holds that such permits or regulations have no relevance, concluding that the plain language of the pollution exclusion applies to claims alleging injury from emissions regardless of whether the emissions were authorized. The court overrules Erie Insurance Exchange v. Imperial Marble Corp. and Country Mutual Insurance Co. v. Bible Pork, Inc. to the extent they conflict with this conclusion.

Holdings

1. A permit or regulation authorizing emissions, generally or at any particular levels, has no relevance in assessing whether a standard-form commercial general liability pollution exclusion applies.
2. Erie Insurance Exchange v. Imperial Marble Corp. and Country Mutual Insurance Co. v. Bible Pork, Inc. are overruled to the extent they are inconsistent with the conclusion that the existence of an emissions permit is irrelevant to application of the pollution exclusion.

Questions Presented

1. Whether a permit or regulation authorizing emissions, generally or at particular levels, is relevant when determining whether a standard-form commercial general liability pollution exclusion applies.
2. Whether the Illinois Appellate Court decisions in Erie Insurance Exchange v. Imperial Marble Corp. and Country Mutual Insurance Co. v. Bible Pork, Inc. remain valid to the extent they treat permitted emissions as creating ambiguity under the pollution exclusion.

Disposition

other