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Summary Judgment in Construction Defect Case

Caryn Bellus and Barbara Fox, of the Miami office, prevailed on a Motion for Summary Judgment, on behalf of a construction defect insurer. Caryn and Barbara sought a declaratory judgment that the Insured, a general contractor, was not entitled to coverage for personal injuries resulting from exposure to construction-related dust. The Insured fought the Summary Judgment motion, arguing in part, that the Insurer was estopped from denying coverage because its agent told the Insured the claim would be covered. However, at the hearing, the trial judge agreed with Caryn and Barbara’s argument that the Policy’s “pollution exclusion” applied and the trial court ruled that the Insurer had no duty to defend or indemnify its Insured. Steve W. Cornman, of the Miami office, assisted in discovery which helped set the stage for Caryn and Barbara’s successful motion.

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