Pollution, Chemical Materials Exclusion Claims Should Proceed, Magistrate Judge Says

Mealey's (March 21, 2023, 8:54 AM EDT) -- WEST PALM BEACH, Fla. — A Florida federal magistrate judge recommended denying a motion to dismiss pertaining to an insurer’s claims seeking declarations that its policy’s exclusions for pollution and nuclear, biological or chemical materials bar coverage for an underlying negligence suit arising out of a fentanyl overdose at an insured inn because the insurer alleges sufficient facts in support of those claims....