Pollution Liability Policy Is Excess Over Commercial General Liability Policy

(June 27, 2023, 10:04 AM EDT) -- DETROIT — A trial court did not err in finding that a contractor’s pollution liability insurance policy was excess to a commercial general liability insurance policy and that the commercial general liability insurer owes a duty to defend its insured against an underlying carbon monoxide poisoning suit stemming from the insured’s negligent repair of a furnace; however, the trial court erred in awarding the excess insurer attorney fees, costs and sanctions without first conducting a reasonableness hearing, the Michigan Court of Appeals said....

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