Coverage Barred For Claims Arising Out Of Sewage Discharge, 3rd Circuit Says

(May 31, 2016, 10:58 AM EDT) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on May 26 affirmed that an insurer has no duty to defend or indemnify a number of its policyholders against underlying claims arising from the discharge of raw sewage because the insurer properly reserved its rights and the policyholders failed to prove they were prejudiced when the insurer withdrew its defense based on the policies’ exclusions for pollution liability and biological deterioration (Nationwide Property and Casualty Insurance Co., et al. v. Randy Shearer, et al., No. 15-1837, 3rd Cir.; 2016 U.S. App. LEXIS 9635)....

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