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Insurer Has A Duty To Defend, But No Duty To Indemnify, Federal Judge Says

Mealey's (October 10, 2016, 1:24 PM EDT) -- MINNEAPOLIS — A policy’s pollution exclusion does not preclude an insurer’s duty to defend an underlying personal injury suit arising out of carbon monoxide poisoning but does preclude the insurer’s duty to indemnify, a Minnesota federal judge said Oct. 6 in a second amended opinion, noting that the insured failed to prove that the insurer has a duty to indemnify (Travelers Property Casualty Company of America v. Christopher A. Klick, et al., No. 15-2403, D. Minn.; 2016 U.S. Dist. LEXIS 139752).

(Second amended opinion available.  Document...
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