11th Circ. Finds Fla. Developer's $19M Payout Not Covered

Law360, Miami (March 20, 2013, 8:26 PM EDT) -- The Eleventh Circuit on Wednesday affirmed a ruling that Mt. Hawley Insurance Co. does not have to indemnify a Florida real estate developer for a $19 million settlement with homeowners, ruling that the policy's pollution exclusion bars coverage.

The federal appeals court said that the homeowners in an underlying complaint alleged injuries stemming only from pollution allegedly released during construction on the site of a former chemical and waste dump. The language of the policy issued to developer Dania Distribution Centre Ltd. makes it clear that...
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