Larry D. Mason, a partner in Goldberg Segalla’s Global Insurance Services and Environmental Law practices, spoke with Law360 regarding a recent ruling that upheld that MedLine Industries Inc. did not have coverage from an insurer with multiple suits in relation to ethylene oxide emissions (EtO). This was due to the release of EtO from MedLine’s Illinois location beginning prior to the retroactive date of MedLine’s policy with the insurer.
“The allegation in the underlying suits that the earliest emission occurred prior to the policy’s retroactive date of September 29, 2008, influenced the court’s correct analysis and conclusion to not depart from the eight-corners rule because it read the continuity allegations in the underlying complaints to concern the span of time during which the Waukegan facility released EtO rather than alleging one unbroken stream since 1994,” Larry explained further.
“Ill. Panel Upholds Chubb Unit’s Win in Toxic Emissions Row,” Law360, March 7, 2022
Larry D. Mason is a renowned trial and appellate litigator and counselor to many national and international businesses across diverse industries. Based in Chicago but with experience litigating and counseling clients through complicated and high-profile matters across the country and internationally, he dedicates most of his practice to insurance coverage, reinsurance, commercial litigation, environmental and toxic torts, and complex insurance regulatory matters. He also focuses on professional liability for clients in insurance, environmental, construction, and related industries; products liability; and identifying emerging risks. He brings his extensive experience to leadership positions in the firm, where he is chair of the Environmental and Mass Torts Coverage, First-Party Property, and Construction Coverage subgroups.