Insurance Company Files Declaratory Action, Says It Doesn’t Owe Defense Duty in Pesticide Exposure Case

CHICAGO –– An insurance company has filed a declaratory judgment action in Illinois federal court, saying it does not owe defense or indemnification of pesticide toxic exposure personal injury claims under a pollution exclusion contained in the policy.

The Sept. 4 declaratory-judgment complaint was filed on Sept. 4 in the U.S. District Court for the Northern District of Illinois.

In it, plaintiff Indemnity Insurance Company of North America explained that Cheryl Chlebowski has filed a lawsuit against Plunk Brothers, contending that she suffered bodily injuries as a result of exposure to toxic chemicals in pesticide, herbicide, insecticide, and fungicide products …