New York Panel Majority Affirms No Coverage Owed For Underlying Lead Suit

ROCHESTER, N.Y. - An insurer has no duty to defend its insured against an underlying personal injury suit arising out of lead exposure because the insurer submitted sufficient evidence that it properly notified its insured of the addition of a lead exclusion to the policy, a New York appellate court majority said Nov. 8 (Preferred Mutual Insurance Co. v. John Donnelly et al., No. 857 CA 13-00319, N.Y. Sup., App. Div., 4th Dept.; 2013 N.Y. App. Div. LEXIS 7363).

Access this news story on®