Insurer Not Off Hook In Mercury Spill Cleanup Suit

Law360, New York (May 7, 2009, 12:00 AM EDT) -- A federal court has refused to dismiss a suit against Greenwich Insurance Co. brought by a real estate company seeking coverage for cleanup of mercury contamination at a building in Manhattan.

In an opinion signed Wednesday in the U.S. District Court for the Southern District of New York, Judge Charles S. Haight Jr. denied Greenwich’s motion for summary judgment, ruling that a pollution exclusion provision in an “all-risk” policy Greenwich issued to Janart 55 West 8th LLC covers mercury contamination.

According to the complaint filed in...
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