Fire At CBD Co.'s Lab Excluded, Insurer Tells 4th Circ.

By Ben Zigterman (September 29, 2021, 3:59 PM EDT) -- Kinsale Insurance Co. told the Fourth Circuit that a pollution exclusion frees it from covering a West Virginia CBD company's lab fire, arguing that a lower court should have blamed the fire on chemicals considered by federal regulators to be pollutants.

A district judge determined Kinsale needed to provide coverage for The CBD Factories' losses by mistakenly blaming the fire on a heat gun placed on a table, rather than the nearby acetone and methanol that accelerated the fire, the insurer argued Tuesday in its opening brief to the Fourth Circuit.

"The small fire could have been quickly extinguished with minimal...

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