Hardy Oil Co. v. Nationwide Agribusiness Ins. Co. Richardson Law Group attorneys represented an insurance carrier in the successful enforcement of a coverage denial based on a pollution exclusion in a petroleum distributor’s insurance policy. The court held: “Hardy Oil’s claim involves a classic environmental catastrophe that led to a government-ordered cleanup. As Kentucky courts have recognized, these are exactly the type of situations that the pollution exclusion historically sought to exclude from coverage. Therefore, the pollution exclusion is not ambiguous as applied to the factual circumstances of this case, and Hardy Oil cannot claim coverage under the Liability Policy.” An associated extra-contractual claim was successfully resolved as a result.
