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McCarter & English LLP on Barrett v. National Union Fire Insurance Co. of Pittsburgh, Pa.: Georgia Court Interprets Pollution Exclusion in Favor of Coverage

By Nicholas Insua, Associate, McCarter & English, LLP In Barrett v. National Union Fire Insurance Co. of Pittsburgh, Pa. , No. A10A1125, 2010 Ga. App. LEXIS 448 (Ga. Ct. App. May 11, 2010) the Court of Appeals of Georgia recently rejected an insurance carrier’s argument that a commercial...

Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC Builders, Inc. v. Amerisure Mut. Ins. Co., 2011...

McCarter & English LLP on Chinese Drywall Litigation and Insurance Coverage

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the...

11th Circuit Holds Pollution Exclusion Applies to Carbon Monoxide Poisoning

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Scottsdale Insurance Co. v. Pursley, 2012 U.S. App. LEXIS 17437 (11 th Cir. Aug. 20, 2012) , the United States Court of Appeals for the Eleventh Circuit, applying Georgia law, had occasion to consider...

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in United Fire & Casualty Co. v. Titan Contractors Service, Inc ., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013), the United States District Court for the Eastern District of Missouri, applying...