Engineer That Did Work without Written Change Order Not Entitled to Be Paid for Additional Services

by Kent Holland | Jul 18, 2011 | Newsletter Article

Oral authorization for engineer to perform additional design services on a municipal golf course was not binding on city because the contract mandated that written change orders be executed to authorize such services.  On the engineer’s breach of contract action...

Homeowners Policy Unambiguously Excluded Coverage for Mold

by Kent Holland | Jul 18, 2011 | Newsletter Article

October 2004 Where mold damage allegedly arose out of shoddy roofing work, a homeowner attempted to recover under its homeowners policy for the mold as an “ensuing loss” despite a provision of the policy specifically excluding coverage for mold...

Whether Mold Cleanup Costs Are Covered Depends on Causation

by Kent Holland | Jul 18, 2011 | Newsletter Article

April 2005 An insurer on a homeowners policy denied coverage for mold damages. It was held by an appellate court that if the homeowner proved the mold resulted from a covered peril, then the cost of removing the mold would be covered by the policy so long as it was...

Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy

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...

Silica Claim Barred by Total Pollution Exclusion in CGL Policy

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....

Absolute Pollution Exclusion in Contractors Policy Does Not Bar Coverage for Toxic Fume Injuries

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...