Fungi Exclusion Clearly Bars Coverage For Underlying Bodily Injury Suit, Judge Says

Mealey's (November 16, 2020, 12:11 PM EST) -- LOUISVILLE, Ky. — A commercial general liability insurer has no duty to defend or indemnify its insureds against an underlying bodily injury lawsuit arising out of fungal contamination in an apartment building because the policy at issue includes a bacteria or fungi exclusion that clearly applies as a bar to coverage, a Kentucky federal judge said Nov. 13 (Scottsdale Insurance Co. v. Good Karma Holdings LLC, et al., No. 20-156, W.D. Ky., 2020 U.S. Dist. LEXIS 212571)....