Product Update

Florida Court Case About Oil-Based Paint Fumes Discussed in Pollution Coverage Issues


In this edition of IRMI's Environmental Insurance Reporter, Research Analyst Lisa Smuckler, J.D., ERIS, CRIS, discusses AIX Specialty Ins. Co. v. Williams-Panton, 2019 U.S. Dist. LEXIS 35026 (S.D. Fla. Mar. 4, 2019), a case in which the U.S. District Court for the Southern District of Florida found that oil-based paint fumes were "pollutants" and held that the absolute pollution exclusion barred coverage for the building owner and property manager in connection with the underlying suit. Given the ongoing trend by Florida courts to apply the absolute pollution exclusion to virtually any claim involving any type of pollution, businesses in Florida may want to think a bit more about their insurance programs and whether they are adequately insured for their environmental loss exposures.

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