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WCM Wins On Toxic Metals Exclusion in NJ Coverage Dispute.

June 7, 2016

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Partner Bob Cosgrove and associate Colleen Hayes were awarded summary judgment dismissing all claims in a New Jersey coverage action arising out of a contaminated soil dispute.
In the case of <em>Nautilus Ins. Co. v. Nittolo, et al.</em>, the underlying plaintiff allegedly suffered close to $1,000,000 in damages caused by contaminated soil procured and delivered by Nautilus’s insured. Specifically, the soil was allegedly contaminated with various toxic metals, which resulted in damage to the underlying plaintiff’s property.
At the close of discovery, we moved for summary judgment. We argued based on, <em>inter alia</em>, the New Jersey Supreme Court’s seminal case <em>Weedo v. Stone-E-Brick, Inc.</em>, as well as the policy’s Toxic Metals Exclusion, there was no coverage provided under the policy for the underlying plaintiff’s damages. The trial court agreed and held there was no coverage provided under the policy for any party.
For more information about this post please e-mail <a href=""target="_blank">Bob Cosgrove </a>.

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