Case Summaries

Case Notes from Richard E. Freeburn, Esquire, “The Lawyers Lawyer”.

The content on this web page is provided primarily for other lawyers. It is intended to assist other attorneys in keeping current with the latest developments in the law, in regards to personal injury, workers’ compensation and litigation issues. Every week, attorney Dick Freeburn reviews a case summary for his local Bar Association, that you can find here.

At Freeburn Hamilton, we welcome referrals.


 

Insurance Carrier Has No Duty To Defend Or Indemnify Claim Arising Out Of Carbon Monoxide Poisoning Due To “Pollutant Exclusion.” 

December 17th, 2018

In Foremost Ins. Co. v. Nosam, LLC, E.D. PA, (11/5/18), the United States District Court for the Eastern District of Pennsylvania held that Foremost Insurance Company had no duty to defend or indemnify its insured against claims arising from carbon monoxide poisoning of tenants of residential property leased by Nosam, LLC. 

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Whether Harm Caused By An Insured Was An “Accident” For Purposes Of Coverage Under A Homeowner’s Insurance Policy Must Be Viewed From The Insured’s Perspective

December 14th, 2018

In State Farm v. Motta, E.D. PA, (December 11, 2018), the United States District Court for the Eastern District of Pennsylvania held that the issue of whether harm caused by the insured was an “accident” for purposes of coverage under a homeowner’s insurance policy must be viewed from the insured’s perspective.

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