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Wesco Insurance Company v. Brad Ingram Construction
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February 07, 2024
Insurer Asks 9th Circ. To Rehear Wildfire Pollution Ruling
An insurer urged the Ninth Circuit to rehear a dispute over its obligation to defend a contractor against a truck driver's lung injury suit, arguing that the majority wrongfully relied on a 2003 California Supreme Court ruling to find a pollution exclusion didn't apply.
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January 23, 2024
Split 9th Circ. Says Insurer Must Defend Cleanup Injury Suit
An insurer must fund a contractor's defense against a suit for injuries a man suffered while removing debris from a wildfire, a 2-1 Ninth Circuit panel ruled Tuesday, finding there is a potential for coverage under a $2 million commercial general liability policy.
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November 13, 2023
9th Circ. Urged To Certify Wildfire Debris Coverage Question
A contractor hired to remove debris from the 2018 Camp Fire urged a Ninth Circuit panel Monday to certify to the California Supreme Court the question of whether dust from the event is a pollutant that falls within its insurer's total pollution exclusion.
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November 09, 2023
9th Circ. Could Expand Reach Of Insurers' Pollution Exclusion
The Ninth Circuit's decision on whether a total pollution exclusion could relieve an insurer from covering an injury suit stemming from wildfire cleanup could expand the exclusion's application to suits outside the realm of conventional environmental contamination, experts say. Here, with oral arguments set for Monday, Law360 takes a look at the case and the two sides' positions.
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March 24, 2023
Pollution Exclusion Applies To Wildfire Injury, 9th Circ. Told
An AmTrust Financial Services Inc. unit urged the Ninth Circuit to uphold a California district court's ruling that it has no duty to defend a construction subcontractor against a worker's respiratory illness claims following cleanup efforts for the deadly 2018 Camp Fire, arguing a so-called total pollution exclusion endorsement applies.
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January 24, 2023
Co. Tells 9th Circ. Insurer Owes Defense In Lung Injury Case
A contractor that worked on cleaning up the 2018 Camp wildfire told the Ninth Circuit that Wesco Insurance Co. owes it a defense related to a truck driver's claims that he developed a lung disease from exposure to the debris.