Personal Injury – Chemical Exposure (2007)

Our client lived above a nail salon, and became ill as a result of exposure to the chemicals used in that business. We filed a lawsuit against the nail salon, but its insurance company refused to defend the claim, relying on a “pollution exclusion” in its policy. The insurance company moved to be dismissed from the case, which was opposed by both the business and by us. The trial judge denied the insurance company’s motion, and it appealed the decision.

The Appellate Division, First Department upheld the judge’s decision, finding that the insurance company was required to provide coverage because our claim was not based on “pollution,” and the language of the insurance policy did not specifically exclude our claim.

Read the Breyter decision here.