Sometimes, An Exclusion Is Just An Exclusion

Law360, New York (June 3, 2010, 1:34 PM EDT) -- The Eleventh Circuit recently upheld a lower court opinion in the Southern District of Florida holding that a fungi exclusion and a defective materials exclusion preclude coverage for an insured's costs to remediate damage to drywall at a condominium complex caused by mold. The Eleventh Circuit U.S. Court of Appeals affirmed May 18, Residences at Ocean Grande Inc. v. Allianz Global Risks US Insurance Co. f.k.a. Allianz Insurance Co., No. 09-15145, 11th Cir.; 2010 U.S. App. LEXIS 10108.

The panel agreed with the entry of final...
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