• Insurers Cannot Contract Around California Law Requiring Insurers to Defend a “Mixed Action”; “Continuous or Progressive Damage Exclusion” Also Addressed
  • November 25, 2016 | Author: Micah M. Hoffman
  • Law Firm: Morris Polich & Purdy LLP - San Diego Office
  • A Northern District of California District Court held that a mold exclusion purporting to exclude coverage for any “suit” involving allegations of mold, where suit alleged non-mold, potentially covered claims, was unenforceable. Insurers, the District Court concluded, cannot contract around the rule requiring a defense to a “mixed action.” The court also concluded that a “Continuous or Progressive Damage” exclusion was ambiguous.