Hawai’i Supreme Court Addresses Insurance and Climate Change Litigation: “Occurrence” Requirement Met, but Pollution Exclusion Applies to Greenhouse Gases

In Aloha Petroleum Ltd. v. National Union Fire Insurance Company of Pittsburgh (Aloha), the Supreme Court of Hawai’i held that, while the climate change litigation satisfied the “occurrence” requirement, greenhouse gases (GHG) are “pollutants” under a commercial general liability (CGL) policy, and the pollution exclusion precluded coverage....
By: Akerman LLP

Array