Commercial litigator and Chair of Fraser Trebilcock’s Real Estate Department, Jared Roberts, along with Shareholder and litigator Ryan Kauffman, successfully defended a mechanical contracting firm in an insurance coverage dispute initiated by its insurer.
In this instance, in summary, the insurer argued that policy language excluded coverage for events of pollution or efforts by the insured at responding to it. Attorneys Roberts and Kauffman argued that, while some pollution-related events were clearly excluded under the policy here, the exact conduct of the insured in this case was covered, despite the exclusion. The Circuit Court agreed with the insured mechanical contractor and summary disposition was awarded in the contractor’s favor.
“The key here,” Mr. Roberts notes, “was to make sure that we isolated and could prove the actual operative conduct of the insured.” Mr. Kauffman adds that “insureds, when they receive a reservation of rights letter, should not accept the insurer’s characterization of the operative conduct because the insurer may be mistaken.”