Jump to Navigation
Jump to Content

Parks Real Estate Purchasing Group v. National Union Fire Ins. Co.

ELR Citation: 36 ELR 20251
Nos. No. 05-5890, (2d Cir., 12/21/2006)

The court vacated and remanded a lower court's grant of summary judgment in favor of an insurance company in a case involving building damage caused by particulate matter emanating from the collapse of the World Trade Center Towers. The insurer denied the claim under the insurance policy's contamination exclusion. Yet questions of material fact exist as to the meaning of the term "contamination" under the policy. Contamination was not the cause of the damage that resulted from contact between the cloud of particulate matter and the building, but the resulting damage itself. Insofar as the damage constituted contamination, it is excluded from coverage. Insofar as the damage was not contamination, however, it is covered by the policy.