21Aug
Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion
Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion The Eleventh Circuit, affirming the district court’s departure from Florida’s four corners rule, held that a pollution exclusion barred coverage for a bodily injury claim arising from exposure to construction debris, even though the operative pleading on its face stated a claim within coverage. The court applied...
By:
Rivkin Radler LLP
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