Goldberg Segalla partner David L. Brown, co‑chair of the firm’s Global Insurance Services practice group, spoke with Law360 on a major pro‑insurer decision concerning whether National Union had to cover $150 million in defense costs for Sterigenics U.S. LLC and Griffith Foods in litigation over ethylene oxide emissions.

The article, “Pollution Permit Ruling Backs Pro-Insurer Policy Reading,” reports on the Illinois Supreme Court’s ruling in Griffith Foods International Inc. et al. v. National Union Fire Insurance Co. of Pittsburgh, Pa. The court unanimously held that state pollution permits are irrelevant when determining whether a pollution exclusion in a commercial general liability policy applies, answering a certified question from the Seventh Circuit and rejecting the district court’s earlier permit-based ambiguity rationale.

David agrees with the decision, saying the court applied “plain language in a straightforward way.”

David credits Griffith Foods with advancing a “creative argument,” noting the policyholder’s initial success in the 2022 ruling. At that time, a federal judge determined that National Union had a duty to defend on the grounds that the pollution exclusion was ambiguous about whether the emission of ethylene oxide permitted by the Illinois Environmental Protection Agency qualified as traditional environmental pollution under the policies.

Regardless, David says the Illinois Supreme Court reached “the right result.” In doing so, the court also clarified doctrine by overruling the appellate decision in Erie Insurance Exchange v. Imperial Marble Corp. to the extent it treated permitted emissions as creating ambiguity under a pollution exclusion, reinforcing that regulatory authorization does not transform pollutants into non‑pollutants for CGL purposes.

Policyholders now face fewer paths to argue for coverage under standard CGL policies for pollution‑related claims. As a result, corporations may need to rely more heavily on specialized environmental liability or pollution policies.

David notes many large, corporate policyholders already have these types of policies, but that they often come with a hefty price tag.

“As you might imagine, that’s very expensive coverage to buy,” David explains. “As any insurance product, whether it’s a commercial liability policy, a pollution policy, or an auto policy that we all have personally, the tension is always you want the most coverage for the most advantageous premium.”

READ THE FULL ARTICLE HERE (SUBSCRIPTION REQUIRED): “Pollution Permit Ruling Backs Pro-Insurer Policy Reading,” Law360, January 29, 2026

MORE ABOUT GOLDBERG SEGALLA’S David L. Brown:

Co-chair of the Global Insurance Services practice group, David represents insurers and insurance brokers in complex disputes throughout the country in matters involving environmental claims, construction defect claims, broker/agent issues, and directors’ and officers’ liability coverage. He has also handled very large and complex property coverage matters involving fires and other catastrophic losses, as well as product liability claims for clients in multiple industries. David is regularly called upon to represent insurers and brokers with respect to their most sensitive matters involving their business practices and their institutional interests. He is also a certified mediator and maintains an active mediation practice.

In addition to being nationally recognized as an insurance expert, David has been consistently recognized by his peers and by judges as a preeminent trial and appellate lawyer. David has tried more than 75 cases to verdict and has been lead counsel in over 50 appeals to state and federal appellate courts. Highly regarded among his colleagues, he is rated AV Preeminent—the highest possible rating—by Martindale-Hubbell.