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Naan Bread. Make That No Bread For Policyholder. 11th Circuit Holds That Aroma Of Indian Food Is A Pollutant

Randy J. Maniloff, White and Williams, LLP This spring the 11th Circuit Court of Appeals held that the aroma of Indian food is a pollutant within the terms of a pollution exclusion. Despite its best effort to curry favor with the court, the policyholder was shown the tandoori. It is a decision that...

Florida Court Holds Insurer Has Duty to Indemnify Legionella Bacteria Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Westport Ins. Corp. v. VN Hotel Group, LLC, 761 F. Supp. 2d 1337 (M.D. Fla. 2010) , the United States District Court for the Middle District of Florida held that a general liability carrier had a duty to defend its insured in...

Appeals Court Swats Policyholders: Pollution Exclusion Applies To Flies

It has become difficult these days to find a pollution exclusion case that warrants discussion. In general, while each case is different, they also often have many similarities. Does the exclusion apply narrowly and only to traditional environmental pollution? Or does it apply more broadly to all hazardous...