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Abstract
Mold, mildew and sick building syndrome exposures have been a fact of life for all owners and occupiers of modern buildings, and employers for quite some time. Now they are the subject of a media frenzy and cannot be ignored, whether the contaminated building is a single-family home, multi-family residential complex, a commercial office building or a public facility.
As can be seen, there are many issues to be decided as to the coverage available to an insured contractor for indoor mold and mildew problems. These issues are sure to be addressed by the courts in light of the proliferation of these problems and lawsuits seeking redress for them. If past experience with court treatment of the pollution exclusion is any indication, the results should be interesting and controversial.
Table of Contents
- INTRODUCTION
- Homeowners Claims
- Commercial and Industrial Claims
- CGL COVERAGE: STANDARD POLLUTION EXCLUSIONS
- Standard Pollution Exclusions
- Other Pollution Exclusions
- THE POLLUTION EXCLUSION: MOLD AS A "POLLUTANT"
- Microorganisms as Pollutants
- Other Indoor Emissions "Gone Awry"
- Carbon Dioxide
- Lead Paint
- Construction Materials and Operations
- APPLICABILITY OF THE POLLUTION EXCLUSION: DISCHARGE, DISPERSAL OR RELEASE
- 1973 Pollution Exclusion versus the 1986 Pollution Exclusion
- The 1973 Language
- The 1986 Language
- Texas Cases Applying the 1986 Pollution Exclusion
- APPLICABILITY OF THE POLLUTION EXCLUSION: PRODUCTS-COMPLETED OPERATIONS WILL THE INSURANCE INDUSTRY RESPOND?
- BODILY INJURY VERSUS PROPERTY DAMAGE: EFFECT OF THE "BUSINESS RISK" EXCLUSIONS
- Construction Defect Coverage Analysis
- Repairs as Cleanup
- CONCLUSION
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