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Court Agrees that Pollution Exclusion Precludes Coverage for Contaminated Water Claims

2.1.2013

Village of Crestwood v. Hartford Fire Ins. Co., et al. (Ill. Cir. Ct.)

A municipality and its former mayors knowingly mixed contaminated well water with clean water resulting in numerous wrongful death and bodily injury lawsuits. The client insurer had issued multiple policies to the municipality. BatesCarey LLP moved for summary judgment, contending that the pollution exclusion in the client's policies precluded any duty to defend or indemnify. The municipality filed a competing motion. After extensive briefing, an Illinois state court agreed with BatesCarey LLP's position and granted summary judgment to BatesCarey LLP's client.