Insurer Has Duty To
Defend; Sanitizer Is Not
A Pollutant, Panel Says
DETROIT - An insurer has a duty to defend an insured against claims that a sanitizing agent caused injuries to the occupants of a home where the chemical was used because there is a genuine issue of material fact as to whether the sanitizing agent is a pollutant pursuant to the policy's definition of the term, the First District Michigan Court of Appeals said Nov. 24 (Hastings Mutual Insurance Co. v. Safety King Inc., et al., No. 286392, Mich. App., 1st Dist.; 2009 Mich. App. LEXIS 2448). From Mealey's Litigation Report: Insurance
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