Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death Suit

In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed no duty to defend an underlying suit alleging mold exposure at a Georgia apartment. The opinion gives insightful analysis on two exclusions commonly found in commercial general liability policies — the "Fungi or Bacteria" and "Pollution" exclusions — and broadly applies both...
By: Akerman LLP