Judge Denies Motion To Dismiss, Says Exception To Bacteria Exclusion May Apply

Mealey's (January 23, 2020, 2:20 PM EST) -- CENTRAL ISLIP,  N.Y. — A New York federal judge on Jan. 22 denied an insurer’s motion to dismiss another insurer’s claim seeking coverage, on behalf of its insured, for underlying personal injury suits arising out of the exposure to Legionella bacteria because it is not clear whether an exception to a fungi or bacteria exclusion applies to provide coverage for the underlying suits (Philadelphia Indemnity Insurance Co. v. Indian Harbor Insurance Co., No. 18-5014, E.D. N.Y., 2020 U.S. Dist. LEXIS 10651)....