Pollution Exclusion Applies to Coal Dust
Refusal to Defend Criminal Conspiracy to Fake Amount of Coal Dust in Mine Read the full article at https://www.linkedin.com/pulse/pollution-exclusion-applies-coal-dust-barry-zalma-esq-cfe and at http
Read the full article at https://www.linkedin.com/pulse/pollution-exclusion-applies-coal-dust-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3800 posts.
The Department of Justice has indicted several former employees of Armstrong Coal Company for conspiring to submit fraudulent coal-dust samples to federal regulators. The plaintiffs seek defense from Armstrong’s insurer, Arch Insurance Company. The district court granted summary judgment in favor of Arch. Some of those charged sought defense from Arch in Charley Barber; Glendel “Buddy” Hardison; Brian Keith Casebier; Steve Demoss; John Ellis Scott; Dwight Fulkerson v. Arch Insurance Company, No. 20-6307, United States Court Of Appeals For The Sixth Circuit (July 7, 2021)
ZALMA OPINION
It is essential to every duty of defend case to read the entire policy and its provisions as they apply to the facts that bring about the claim. In this case the Sixth Circuit read the entire policy, refused to accept the creative interpretations posed by the plaintiffs who tried to limit the review to parts of the policy not the policy exclusions as a whole and the facts as determined. Since there was no coverage for defense there could be no bad faith.
© 2021 – Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business.
He is available at http://www.zalma.com and zalma@zalma.com. Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award. Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.
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