Damages Caused By Chinese Drywall Are Excluded From Coverage Under Homeowner’s Insurance
ConstructionRisk.com Report Vol. #14, Issue #4
See article in the following topic indices:
Chinese Drywall,Contractor’s Pollution Liability Insurance (CPL),Defective Workmanship,Insurance Coverage Disputes,Latent Defect,Pollution Exclusion
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Chinese Drywall caused damage that was not from coverage under a homeowner’s insurance policy because of several exclusions for (1) faulty, inadequate or defective materials, (2) latent defects, (3) rust or corrosion and (4) pollution. Two years after purchasing their home, the homeowners began having chronic malfunctions in the heating, ventilation and air conditioning (HVAC) [...]
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Asbestos Damages Are Excluded under Condominium Association’s Property Insurance Policy
ConstructionRisk.com Report Vol. #14, Issue #5
See article in the following topic indices:
Asbestos,Contractors Pollution Liability,CPL,Insurance Coverage Disputes,Pollution Exclusion
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Where a property insurance “open peril” policy for a condominium association contained a pollution exclusion, there was no coverage afforded for damages arising out of a contractor’s work of an asbestos remediation contractor. The association hired the contractor to scrape acoustical ceilings and stairways that contained some asbestos. In the process of performing the work, [...]
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Pollution Exclusion in D&O Policy Applied to Exclude Coverage for Alleged Business Torts
Insurance – Pollution Coverage,Pollution Exclusion
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When a property purchaser discovered pollution on its newly acquired property it filed suit against the seller and the seller agreed to pay certain cleanup costs. But the seller subsequently reorganized its corporate structure and asserted the cleanup costs could not be paid out the reorganized company. The seller then brought suit alleging the seller [...]
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Mold Loss Excluded Under Homeowner’s Policy – Summary Judgment for Carrier
Insurance – Pollution Coverage,Insurance Coverage Disputes,Mold,Pollution Exclusion
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A homeowner’s suit against Lexington Insurance Company to recover under a property policy for damages caused by shoddy roofing work that resulted in mold contamination was dismissed based on a coverage exclusion for mold. The insurance policy covered any risks of loss to the structure unless caused by one of the listed exclusions. It stated [...]
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When an insurance carrier refused to defend the owners of a building under a general liability policy against claims by occupants alleging injuries from toxic fumes from carpeting, the owners sued the carrier to enforce their rights under the policy. They also sued for punitive damages, claiming that the insurance carrier denied coverage in bad [...]
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Mold Problems Increase: Is Coverage Available?
Insurance,Insurance-Pollution Coverage,Mold,Pollution Exclusion
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The presence of mold in buildings and the resulting health effects are increasingly becoming a public concern. Office buildings have been evacuated, homeowners are fleeing their homes, renters are being relocated, and schools have been closed all due to what some think will be the next “asbestos”. Mold is a microscopic fungi and is present [...]
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No Coverage in Homeowner’s Policy for Mold Damage from Water Pipe leak
Homeowners policy,Insurance Coverage Disputes,Mold,pollution,Pollution Exclusion
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Where a homeowner sought to recover under its homeowner’s policy for mold damage that occurred from water from a burst pipe, the insurance carrier denied the claim on the basis of a mold exclusion in the policy. The homeowner filed suit against the carrier seeking a declaratory judgment that the policy covered mold. The trial [...]
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