Source: https://www.lexology.com/, February 2, 2026
By: Amy L. Diviney, Joshua LaBar and Nicholas T. Badalamenti, Plunkett Cooney PC

On a certified question from the U.S. Court of Appeals for the Seventh Circuit, the Illinois Supreme Court unanimously held that permits or regulations authorizing emissions of certain pollutants have no relevance in determining the applicability of a pollution exclusion in standard Commercial General Liability (CGL) policies.

Griffith Foods International, Inc. and its corporate successor, Sterigenics U.S., LLC (collectively, the insureds) faced mass tort actions filed by over 800 individuals, who allegedly sustained bodily injuries, including cancer and other serious diseases, caused by the emission of Ethylene Oxide (EtO) from the insureds’ medical-equipment sterilization facility for more than 35 years. For two of the 35 years that the EtO was allegedly emitted from the insureds’ facility, National Union Fire Insurance Company of Pittsburgh, PA (National Union) insured Griffith under two materially identical CGL policies. Each policy was in effect for one year between Sept. 30, 1983 and Sept. 30, 1985. Read more.