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  • No Duty To Defend, Indemnify Insured In Underlying Carbon Monoxide Poisoning Suit
    PHILADELPHIA - An insurer has no duty to defend or indemnify an insured landlord for an underlying negligence suit arising out carbon monoxide poisoning claims because the policy's pollutant exclusion clearly bars coverage, a Pennsylvania federal judge said Nov. 5 (Foremost Insurance Co. v. Nosam LLC, et al., No. 17-2843, E.D. Pa., 2018 U.S. Dist. LEXIS 190085).

  • Asbestos Coverage Dispute Must Be Litigated In Texas, Massachusetts Justice Says
    BOSTON - A Massachusetts justice on Sept. 24 dismissed an insurer's asbestos coverage suit after determining that the dispute should be litigated in Texas where the insured's suit against the insurer was filed (Lamorak Insurance Co. v. Celanese Corp., et al., No. 1884 CV 00473-BLS1, Mass. Super., Suffolk, Co., 2018 Mass. Super. LEXIS 241).

  • Asbestos Coverage Dispute Must Await Chapter 11 Results, Bankruptcy Judge Says
    TRENTON, N.J. - With new Chapter 11 debtor Duro Dyne National Corp. already on the path to reorganization, a New Jersey federal bankruptcy judge on Oct. 17 denied a request by asbestos insurers to lift the automatic bankruptcy stay so a New York state court coverage case can proceed (In re: Duro Dyne National Corp., et al., No. 18-27963, D. N.J. Bkcy.).

  • Insurer To Federal Court: Mold Exclusion Precludes Hurricane Damage
    MIAMI - A commercial general liability insurer cites a mold exclusion among others in its Nov. 8 complaint seeking a declaratory judgment from a Florida federal court that it has no duty to defend or indemnify damages caused by a condominium association's failure to remediate mold following a hurricane (Mt. Hawley Insurance Co. v. Aquasol Condominium Association Inc., et al., No. 18-24692, S.D. Fla.).

  • Federal Judge Reopens Insurer's Coverage Case Over Defective Work
    MONROE, La. - In granting reconsideration in part, a Louisiana federal judge on Nov. 5 reopened an insurer's coverage dispute regarding allegations that a subcontractor's faulty work led to children becoming sick from excess moisture (Houston Specialty Insurance Co. v. Ascension Insulation & Supply Inc., et al., No. 17-1010, W.D. La., 2018 U.S. Dist. LEXIS 189303).

Scott Strait