• Federal Court Applies Virginia’s Potentiality Rule; Requires General Liability Insurer To Defend Bodily Injury Claim From Exposure To Sealant Fumes
  • January 27, 2011 | Author: Brian J. Gerling
  • Law Firm: Hunton & Williams - McLean Office
  • In Penn National Mutual Casualty Insurance Company v. Block Roofing Corporation, et al., Civ. No. 2:09-312 (E.D. Va. Dec. 14, 2010), a federal court in Virginia ruled that a roofing company was entitled to a defense under its general liability insurance policy for a suit alleging bodily injury caused by exposure to fumes from the company’s use of a roofing sealant. The court found that, even though the complaint did not expressly allege that the roofing company brought the materials “into” the building, there was nonetheless a potential for coverage that was sufficient to trigger the insurer’s duty to defend.