Posted by Moderator 704 days ago (http://www.rkmc.com)
Category: Mold Litigation | Tags: water damage fungi remediation moisture
Law360, New York (June 03, 2010) -- 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 judgment entered by U.S. District Court Judge Joan A. Lenard of the Southern District of Florida in favor of Allianz Global Risks US Insurance Co. regarding reimbursement claims sought by its insured, the Residences at Ocean Grande Inc. (ROG). The panel comprised Circuit Judges Stanley F. Birch Jr. and Stanley Marcus and U.S. Judge Wm. Terrell Hodges of the Middle District of Florida, sitting by designation.

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