Pollution Exclusion Bars Coverage for Damage Caused by Dirt and Rocks

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...

Epoxy Fumes Are Unambiguously Excluded from Coverage as “Pollutants” under the CGL Total Pollution Exclusion

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...

Construction Debris Is Excluded Pollutant under Professional Liability Policy

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...

Insurer and Environmental Consultant Have No Duty To Warn of Mold

by Kent Holland | Jul 18, 2011 | Newsletter Article

July 2009 A tornado tore the roof of Haney’s house. Haney hired a contractor to repair the damage and filed a claim for damages with his homeowner’s insurer. Before the repairs were completed, rains further damaged the house. by J. Kent Holland Jr....

CGL Pollution Exclusion Bars Coverage for Injury from Carbon Monoxide Released from Heater

by Kent Holland | Jul 18, 2011 | Newsletter Article

December 2009 The pollution exclusion of a commercial general liability (CGL) policy was held to unambiguously apply to exclude liability coverage for injuries caused by carbon monoxide “seeping, discharging, releasing, and dispersing” into an apartment....

Mold Damage to Contractor’s Nondefective Work Caused by Subcontractor May Be Covered under Prime Contractor’s Umbrella Policy

by Kent Holland | Jul 18, 2011 | Newsletter Article

January 2010 Costs incurred by a prime contractor to remediate mold damages caused by subcontractor’s defective work may be covered under umbrella liability policy. by J. Kent Holland Jr. ConstructionRisk.com LLC The trial court accepted the insurer’s...