State Permit Doesn’t Automatically Entitle Sterigenics To Pollution Coverage, Court Finds
Article Summary A state permit allowing a company’s pollution does not make it immune from being subject to a “pollution exclusion” in their commercial general liability policy, the
The court clarified a conflicting precedent in a case brought by policyholders against their insurers for denying a pollution-related claim.
Hundreds of lawsuits were brought against medical supply company Sterigenics, but insurers did not pay out, citing their contract’s “pollution exclusion.”
The case will now return to the
This summary was written by the reporters and editors who worked on this story.
The case involved Sterigenics, a medical supply sterilization company that operated in the
Several hundred lawsuits filed against Sterigenics and its one-time parent company
In a unanimous decision released Friday, the court ruled that state emissions permits had no relevance to Griffith Foods’ general liability insurance policy, because that policy excluded injury caused by pollution.
Just because the state permitted the pollution, the court ruled, doesn’t mean the insurer has to cover it.
Ethylene oxide emis- sions Sterigenics used ethylene oxide to sterilize medical equipment at its
Ethylene oxide was first linked to cancer in the 1980s, and confirmed to be a carcinogen in 2000, although the
A 2018 report from the
In
Later that year, Sterigenics closed the factory altogether.
In
A previous decision in
The Imperial Marble decision found in favor of the policyholder, stating that it was unclear whether the emission of pollutants allowed by a permit counted as “traditional environmental pollution,” which would be excluded under the insurance policy as previously established in Koloms.
With the conflicting cases in Koloms and Imperial Marble, the Seventh Circuit asked the
“As explained by this court in Koloms, the pollution exclusion in CGL (commercial general liability) policies was drafted in response to the insurance industry’s concerns about increasing, costly environmental litigation,” Justice
Cunningham also noted that insurance companies have “entirely separate” pollution liability policies available, which would provide coverage for the type of environmental lawsuits that were brought against
The case will now return to the appeals court.
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the



Vermont looking to transform health care system as costs rise
How the Supreme Court might protect the Fed’s independence by using employment law in Trump v. Cook
Advisor News
- Americans less confident about retirement as worries grow
- 6 in 10 Americans struggle with financial decisions
- Trump bets his tax cuts will please Las Vegas voters on his swing West
- Lifetime income is the missing link to global retirement security
- Don’t let caregiving derail your clients’ retirement
More Advisor NewsAnnuity News
- Allianz Life Adds New Accumulation-Focused Fixed Index Annuities
- Allianz Life adds new accumulation-focused FIAs
- Industry objects to ‘tone and tenor’ of draft NAIC Annuity Buyer’s Guide
- Annuity industry grapples with consolidation, innovation and planning shifts
- Human connection still key in the new annuity era
More Annuity NewsHealth/Employee Benefits News
- Limits to health insurance program for immigrants approved by Colorado lawmakers; Cuts could erode community trust and lead to higher costs in the long run, advocates say
- Thomson Reuters Publishing Names Cody Allison & Associates, PLLC Best ERISA Benefits Law Firm in Nashville, TN
- UnitedHealth stock jumps as profit and outlook signal start of turnaround
- UnitedHealth profit and outlook signal start of turnaround
- WellTheory Expands Partnership with SISC to Support Hundreds of Thousands of School Employees and Their Families with Autoimmune Care
More Health/Employee Benefits NewsLife Insurance News
- AM Best Affirms Credit Ratings of The Wawanesa Mutual Insurance Company and Wawanesa Life Insurance Company
- Life insurance for gig economy power earners: what advisors need to know
- Allianz Life Adds New Accumulation-Focused Fixed Index Annuities
- Milliman Launches Healthcare Inflation ETFs (MHIG & MHIP) to Hedge the Rising Cost of U.S. Healthcare
- National Life Group Releases its 2025 Annual Report and Business Highlights
More Life Insurance News