Radioactive Exclusion Bars Professional Liability Coverage, Federal Magistrate Says

(October 12, 2018, 12:57 PM EDT) -- CENTRAL ISLIP, N.Y. — A New York federal magistrate judge on Oct. 10 found that a professional liability insurance policy’s radioactive exclusion precludes coverage for two underlying lawsuits against an environmental consulting firm insured, finding that no liability on the insured’s part for negligence or professional malpractice could exist but for the presence of the radioactive contamination (Merritt Environmental Consulting Corp. v. Great Divide Insurance Company, No. 17-7495, E.D. N.Y., 2018 U.S. Dist. LEXIS 175527)....