Aloha Petroleum, Ltd. v. National Union Fire Insurance Co. of Pittsburgh

In a fossil fuel company’s lawsuit seeking to compel two insurers to defend and indemnify it in climate change lawsuits brought by the City and County of Honolulu and the County of Maui, the Hawai‘i Supreme Court ruled that greenhouse gases were “pollutants” under the insurance policies’ pollution exclusion clauses. The court concluded that “[t]he exclusion bars coverage for emitting (or misleading the public about emitting) GHGs.” The court also held that an “accident” would include an insured’s reckless conduct. The Hawai‘i Supreme Court made these rulings in response to the certification of questions by the federal district court for the District of Hawai‘i.