Medline Industries Owed No Defense Against Pollution Lawsuits, Ill. Appeals Panel Affirms

CHICAGO — Illinois Union Insurance Co. has no duty to defend Medline Industries Inc. against 19 lawsuits arising from the alleged release of a pollutant from its sterilization facility because the claimed emissions first began before the policy’s retroactive date, an Illinois appellate court has affirmed.

In a March 4 opinion, the Illinois Court of Appeals, 2nd District, found the underlying complaints did not allege that the “pollution condition,” as defined in the policy, commenced in its entirety after the retroactive date.

In 2019, Medline was hit with lawsuits in the Cook County, Ill., Circuit Court for injuries allegedly …