Insurer Met Burden In Proving It Has No Duty To Defend, Federal Judge Says
Mealey's (April 18, 2016, 2:13 PM EDT) -- RALEIGH, N.C. — A North Carolina federal judge on April 14 granted an insurer’s motion for judgment on the pleadings after determining that the insurer met its burden of proving that it has no duty to defend pursuant to its policy’s pollution exclusion for two underlying environmental contamination claims (PCS Phosphate Co. Inc. v. American Home Assurance Co., No. 14-99, E.D. N.C.; 2016 U.S. Dist. LEXIS 50389).
(Opinion available. Document #03-160420-001Z.)
PCS Phosphate Co. Inc. filed suit in the U.S. District Court for the Eastern District...