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 American States Insurance
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


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