Pollution Exclusion in General Liability Policy not Effective

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In WPC Industrial Contractors, Ltd. v. Amerisure Mut. Ins. Co., 2009 WL 2992569 (S.D. Fla. 2009), the Court held that the insurer had a duty to defend the contractor from a homeowner general liability claim.  The claim was based on damage caused to the home by sewage contamination. 

Amerisure argued that the Pollution Exclusion applied thereby negating coverage and defense requirements.  The Court found that the Pollution Exclusion did not specifically address this fact scenario and held that the insurer was required to defend the contractor against the homeowner's claims.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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