by Kent Holland | Jul 18, 2011 | Newsletter Article
May 2005 A federal court in New York found the language of the standard pollution exclusion of a commercial property insurance policy to be overly broad and ambiguous so as not to exclude coverage for lead dust resulting from a contractor’s efforts to remove...
by Kent Holland | Jul 18, 2011 | Newsletter Article
August 2005 A commercial general liability (CGL) policy containing a “total pollution exclusion endorsement” was found to be effective in excluding claims based on alleged injuries arising out of inhaling silica dust from sand-blasting operations. by J....
by Kent Holland | Jul 18, 2011 | Newsletter Article
November 2005 In a case addressing the applicability of a pollution exclusion provision in a commercial general liability (CGL) insurance policy, the New Jersey Supreme Court held that the absolute pollution exclusion applied only to traditional pollution claims and...
by Kent Holland | Jul 18, 2011 | Newsletter Article
February 2006 By paying a portion of its insureds claims for property damage to their house, State Farm Insurance obtained partial subrogation rights under the homeowners policy entitling it to intervene in a construction defect lawsuit that the homeowner brought...
by Kent Holland | Jul 18, 2011 | Newsletter Article
April 2006 Due to lack of expert testimony concerning causation, a federal district court in Texas dismissed a suit by a homeowner alleging that a leaking sewer pipe in a basement crawl space caused mold to grow throughout the house. No previous Texas cases have dealt...
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