HNRK Coverage Corner

In orders issued last week, a panel of the Ninth Circuit and a federal district judge in Hawaii certified questions to the Supreme Courts of Alaska and Hawaii regarding the scope of a liability policy’s “absolute” or “total” pollution exclusion.  The state high courts will address whether carbon monoxide and carbon dioxide constitute “pollutants” under such an exclusion. 

Ninth Circuit Order – Is Carbon Monoxide a Pollutant Under a Homeowners Policy?

The Ninth Circuit’s order in Estate of Wheeler v. Garrison Property & Casualty Ins. Co., No. 22-35484, issued on ...