The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the substance was lawfully emitted under an environmental permit?
The court accepted a certified question from the Seventh Circuit on April 17, 2025, in Griffith Foods International Inc. v. National Union Fire Insurance Co.—a case that springs from the Sterigenics ethylene-oxide suits. The court’s agreement to consider the question signals the potential for a landmark ruling on the scope of pollution exclusions, with far-reaching implications for companies dealing with environmental and related toxic tort claims.