On April 8, 2020, a U.S. District Judge for the Middle District of Alabama, in Owners Ins. Co. v. GTR, Inc., et al, 2020 U.S. Dist. LEXIS 88337 (M.D. Ala. May 20, 2020), entered summary judgment in favor of an insurer represented by attorney Joel Pearson.
The entered summary judgment was in a construction and remediation insurance dispute and held that the insurer did not owe a duty to defend the insured under a CGL policy because 1) the alleged injuries occurred outside the policy period, and 2) even if bodily injury or property damage occurred within the policy period, the CGL policy’s Fungi/Bacteria exclusion precluded coverage for alleged damages due to toxic mold.
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