Emerging Toxic Emissions Disputes Have All Eyes On Illinois
Legal experts are intently watching a trio of Illinois coverage disputes over whether insurers must defend a medical equipment maker in actions alleging an increase in cancer diagnoses resulting from emissions of ethylene oxide, hoping for answers on key questions such as whether pollution exclusions apply to claims tied to the toxic chemical.
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James R. Murray of Blank Rome LLP told Law360 that the novelty of the underlying suits will not likely affect the course of this emerging coverage dispute area. Murray, who represents policyholders, based his opinion on the litigation path of other historical substances such as asbestos and trichloroethylene, which were widely used until the risks associated with them became known.
"It's 2022 now, and it's like the 1980s were for asbestos," he said.
Although the coverage disputes are also in their infancy, they have the attention of counsel for insurers and policyholders as some decisive rulings will be coming down in the near future.
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Blank Rome's Murray stressed that the duty to defend is quite broad. He pointed out that "the time-honored test for duty to defend is whether there's any potential for coverage" and explained that courts across the country interpret that word very broadly.
"Some courts have said, if it's even conceivable that there's coverage, there's got to be a duty to defend," Murray stated.
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“Emerging Toxic Emissions Disputes Have All Eyes On Illinois,” by Shane Dilworth was published in Law360 Insurance Authority on February 16, 2022.