Browar v. Clarendon National Insurance Company
Published: Nov. 25, 2003 | Result Date: May 2, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC791060 Bench Decision – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Jon B. Miller
(Miller Johnson Law)
Defendant
Michael D. Marchesini
(Horton Oberrecht Kirkpatrick & Martha)
Facts
The plaintiffs were the owners of a small apartment complex in San Diego. The plaintiffs were sued by an apartment tenant for bodily injury allegedly caused by water intrusion and mold. The mold-related personal
injuries were alleged to have occurred as a result of exposure to environmental toxins due to mold attributed to the plaintiffsÆ negligence during the time period the defendant insurerÆs policy was in effect. The plaintiffs tendered the personal injury action to the defendant insurer. The defendant insurer refused to provide a defense claiming the insurance policyÆs pollution exclusion applied to environmental toxins due to airborne mold.
Damages
The plaintiffs claimed the defendant insurer had a duty to defend the underlying bodily injury lawsuit.
Result
The plaintiffsÆ motion for a summary adjudication that the defendant insurer had a duty to defend was granted on May 2, 2003. The motion was heard while MacKinnon v. Truck Insurance Exchange (2003) 31 C4th 635 was pending before the California Supreme Court. Because the order of summary adjudication is interlocutory there was no final judgment.
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