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First Specialty Ins. Corp. v. GRS Management Assocs., Inc.

ELR Citation: 39 ELR 20195
Nos. No. 08-81356, (S.D. Fla., 08/17/2009)

A district court held that under Florida law, a pollution exclusion contained in a swimming pool's insurance policy unambiguously applies to harmful microbes allegedly present in the pool. As defined under the plain language of the policy, the term pollutant includes contaminant. Because the record evidence demonstrates that the substance in the swimming pool was a viral contaminant and a harmful microbe, the pollutant exclusion applies. Thus, the insurer has no duty to defend or indemnify the swimming club in an underlying state court action for injuries stemming from a swimmer's exposure to viral contaminants.