RECENT FEDERAL DECISIONS

January 2005

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New York District Court Holds Pollution Exclusion Clause Does Not Include Contaminants such as Lead Paint
Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance, ___F.Supp.2d___

The District Court for the Southern District of New York entered judgment in favor of Herald Square Loft Corp. on its claim for a judgment declaring that the pollution exclusion clause of an insurance policy is not applicable to the loss or damage caused by the lead paint dust contamination of a building.