Nautilus Insurance v. Jabar’s Empirical Analysis
188 F.3d 27 · 1999
Citation profile
4 federal appellate · 5 district · 12 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2023 · most notably 31 Cal. 4th 635 - MacKinnon v. Truck Insurance Exchange (2003), Alternative Energy Inc Beaver-Cadillac Gp Inc Beaver Plant Operations Inc Christopher Hutchins v. St Paul Fire and Marine Insurance Company (2001)
4 federal appellate · 5 district · 12 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 177 Ill. 2d 473 - American States Insurance v. Koloms · Pipefitters Welfare Educational Fund v. Westchester Fire Insurance Company · 104 N.C. App. 312 - West American Insurance Co. v. Tufco Flooring East, Inc · Atlantic Mutual Insurance v. McFadden · Dominique v. Weld
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We also find ambiguity in the exclusion's definition of `pollutant.' The . . . policy defines `pollutant' as `any solid, liquid, gaseous, or thermal irritant or contaminant.' As other courts have observed, the terms `irritant' and `contaminant' are virtually boundless, for `there is no substance or chemical in existence that would not irritate or damage some person or property.'”
2 later decisions quote this exact passage“[T]he exclusion applies only to those injuries caused by traditional environmental pollution.”
2 later decisions quote this exact passage“(1) Bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured; (b) At or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; (e) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured’s behalf are performing operations: (i) if the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(i) do not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out ”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.