From Casetext: Smarter Legal Research

Housing Auth. Risk R. G. v. Chicago Housing

United States Court of Appeals, Seventh Circuit
Jul 28, 2004
378 F.3d 596 (7th Cir. 2004)

Summary

holding that the absolute pollution exclusion barred coverage for injuries resulting from "hazardous materials that were `introduced, released and allowed to remain in the environment in Altgeld Gardens by the surrounding industrial plants, abandoned factories, toxic waste dumps, landfills and a Metropolitan Sanitary District plant', and by PCBs and PAHs that CHA introduced, released, and allowed to remain in the environment of Altgeld Gardens"

Summary of this case from Connecticut Specialty Insurance v. Loop Paper Recycling, Inc.

Opinion

No. 03-4164.

Argued May 28, 2004.

Decided July 28, 2004.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 02 C 4474 — Rebecca R. Pallmeyer, Judge.

Alan R. Lyons, Herrick Feinstein, New York, NY for Plaintiff-Appellee.

John P. Buckley, Ungaretti Harris, Chicago, IL for Defendant-Appellant.

Before BAUER, RIPPLE, and ROVNER, Circuit Judges.


Defending oneself from a largescale class action lawsuit is a costly task. And so it comes as no surprise that these two parties are before us to determine who should foot the bill for the defense of a 1999 lawsuit filed by approximately 10,000 current or former Chicago Housing Authority (CHA) residents who claimed they have been exposed to and harmed by environmental contaminants while living on CHA's public housing property. The Housing Authority Risk Retention Group, Inc. (HARRG), a risk retention group made up of various housing authority members, asserts that it has neither the duty to defend nor indemnify CHA in the underlying environmental litigation.

HARRG provided commercial general liability coverage to the CHA from June 1, 1987, through July 31, 1998, under separate annual policies. Each of the policies provided, among other coverage, coverage and defense for "bodily injury" claims subject to a limit of $5 million per occurrence per policy year. Bodily injury, included, among other things, sickness, disease, death, mental anguish, and mental injury, and HARRG does not dispute that the class action plaintiffs' allegations of bodily injury and mental anguish fell within this definition. HARRG filed the underlying action against CHA seeking a declaratory judgment that it has no duty to defend or to indemnify CHA with respect to the underlying litigation, because, as HARRG argues, the claims asserted by the plaintiffs in the underlying class action are not covered by the policy.

The district court concluded that the policy language included what amounted to an "absolute pollution exclusion," that is, an exclusion that bars coverage for all claims for pollution, whether or not the contaminants originated on the insured's property, and consequently granted HARRG's motion for judgment on the pleadings. Housing Authority Risk Retention Group, Inc. v. Chicago Housing Authority, No. 02 C 4474, slip op. at 7, 16 (N.D. Ill. Sept. 30, 2003).

CHA objects to the district court's finding and further argues that the district court failed to address potential injury claims arising out of off-site exposure, did not address claims that the CHA improperly sited Altgeld Gardens, and did not address claims arising from "environmental discrimination," and other nontraditional environmental claims. To the contrary, these claims were adequately addressed when the district court concluded that the insurance policies contained an absolute pollution exclusion which applies regardless of the origin of the pollution or the identity of the polluter. Id. slip op. at 7. Furthermore, after considering all of the claims, the district court concluded that the "the type of pollution alleged in the underlying litigation does constitute `traditional environmental contamination,'" to which the absolute pollution exclusion would apply. Id. slip-op. at 11-12.

Because the district court issued a thorough and wellreasoned memorandum opinion and order, we adopt the reasoning of the district court's September 30, 2003 Memorandum Opinion and Order addressing those claims challenged on appeal and AFFIRM the judgment of the district court. A copy of the district court's order is attached.


Summaries of

Housing Auth. Risk R. G. v. Chicago Housing

United States Court of Appeals, Seventh Circuit
Jul 28, 2004
378 F.3d 596 (7th Cir. 2004)

holding that the absolute pollution exclusion barred coverage for injuries resulting from "hazardous materials that were `introduced, released and allowed to remain in the environment in Altgeld Gardens by the surrounding industrial plants, abandoned factories, toxic waste dumps, landfills and a Metropolitan Sanitary District plant', and by PCBs and PAHs that CHA introduced, released, and allowed to remain in the environment of Altgeld Gardens"

Summary of this case from Connecticut Specialty Insurance v. Loop Paper Recycling, Inc.

upholding trial court's decision to grant plaintiff's motion for judgment on pleadings where plaintiff sought a declaratory judgment that under the parties’ insurance contract plaintiff had no duty to defend the defendants in a lawsuit

Summary of this case from Union Ins. Co. v. Scholz

upholding decision of trial court to grant plaintiff's motion for judgment on pleadings where plaintiff sought a declaratory judgment that under the parties' insurance contract plaintiff had no duty to defend the defendants in a lawsuit

Summary of this case from Lasser v. Am. Gen. Life Ins. Co.

affirming and adopting the District Court's opinion

Summary of this case from Northland Ins. Co. v. Bob Trucking II, Inc.

stating that the pleadings "consist of the complaint, the answer, and any written instruments attached as exhibits"

Summary of this case from Wave 3 Learning, Inc. v. Avko Educ. Research Found., Inc.

In Housing Authority, the Seventh Circuit adopted the district court's reasoning as its own and attached the district court's opinion to its brief introductory opinion.

Summary of this case from Scottsdale Indem. Co. v. Vill. of Crestwood

In Housing Authority, the Seventh Circuit adopted the district court's reasoning as its own and attached the district court's opinion to its brief introductory opinion.

Summary of this case from Scottsdale Indemnity Co. v. Village of Crestwood

In Housing Authority, the Seventh Circuit explicitly considered the question "whether the... pollution exclusion bars coverage of all claims for pollution, whether or not the contaminants originated on the insured's property."

Summary of this case from Scottsdale Indemnity Co. v. Village of Crestwood
Case details for

Housing Auth. Risk R. G. v. Chicago Housing

Case Details

Full title:HOUSING AUTHORITY RISK RETENTION GROUP, INC. Plaintiff-Appellee v. CHICAGO…

Court:United States Court of Appeals, Seventh Circuit

Date published: Jul 28, 2004

Citations

378 F.3d 596 (7th Cir. 2004)

Citing Cases

Scottsdale Indemnity Co. v. Village of Crestwood

Id. at 534-35. Similarly, in Housing Authority Risk Retention Group,Inc. v. Chicago Housing Authority, 378…

Scottsdale Indem. Co. v. Vill. of Crestwood

Id., 245 Ill.Dec. 448, 728 N.E.2d at 534–35. Similarly, in Housing Authority Risk Retention Group, Inc. v.…