by Kent Holland | Jul 18, 2011 | Newsletter Article
July 2006 In a claim by a church for coverage under its all-risk policy for losses caused by mold, the insurer, Cincinnati Insurance, denied coverage based on a fungus exclusion in the policy and based on an exclusion for “faulty, inadequate, or defective...
by Kent Holland | Jul 18, 2011 | Newsletter Article
January 2007 Summary judgment was correctly awarded against a homeowner that claimed it was entitled to coverage under its homeowner policy for damages arising out of mold growth that occurred as a result of construction defects that caused serious water leakage...
by Kent Holland | Jul 18, 2011 | Newsletter Article
March 2007 The case of Ortega Rock Quarry v. Golden Eagle Insurance Corp., 141 Cal. App. 4th 969, is another example of courts recognizing the plain intent of the pollution exclusion to exclude coverage for situations even when the “pollutant” is naturally...
by Kent Holland | Jul 18, 2011 | Newsletter Article
November 2007 The pollution exclusion in a commercial general liability (CGL) insurance policy issued by Firemen’s Fund Insurance excluded coverage for damages arising out of a claim asserted by a warehouse employee alleging she developed respiratory problems as...
by Kent Holland | Jul 18, 2011 | Newsletter Article
February 2009 In James River Ins. Co. v. Ground Down Eng’g, 540 F.3d 1270 (11th Cir. 2008), an engineering company was sued by its client (a real estate developer) for allegedly performing a Phase I Environmental Site Assessment (ESA) negligently by failing to...
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