U.S. Court of Appeals for the Eighth Circuit

XTO Energy, Inc. v. Commerce and Industry Ins. Co.

September 3, 2026

Summary

The Eighth Circuit reversed the district court, holding that XTO Energy is not covered because it failed to satisfy the notice condition of the time‑element exception and the insurer’s denial based on the pollution exclusion was proper. The court also rejected XTO’s arguments that the insurer waived the denial and that the follow‑form provision incorporated other policy exceptions.