Coverage Owed For Underlying Legionnaires' Disease Suit, 11th Circuit Panel Affirms

ORLANDO, Fla. - An insurer has a duty to defend and indemnify its insureds in an underlying wrongful death suit alleging that an individual contracted Legionnaires' disease while a guest at an insured hotel because the bacteria that caused the disease are not considered a pollutant under the policy's pollution exclusion and the bacteria or fungi exclusion does not apply to bar coverage, the 11th Circuit U.S. Court of Appeal reiterated March 22 after granting the insured's motion for reconsideration...(read more)