Posted on July 4, 2007 by Alan Rutkin

Known Loss: Don't Allow Coverage for Incidents that Already Happened Before Inception

The June 21, 2007 known loss decision from New Jersey was very disappointing, CBS Operations Inc. v. Admiral Insurance Co. The court found that the insured knew that it was polluting and also knew that the state was trying to stop the polluting, but the court refused to apply the known loss doctrine. Allowing coverage under these circumstances is bad law and bad public policy.

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