BBG DESIGN BUILD, LLC, Plaintiff - Appellant, PATRICIA ARMOR, Plaintiff - Cross Claimant, versus SOUTHERN OWNERS INSURANCE COMPANY, Defendant - Cross Defendant - Appellee., 820 Fed. Appx. 962

Summary

HOLDINGS: [1]-The insurer had no duty to defend the insured in the underlying lawsuit because this case was one of those exceptional cases where the actual facts placed the claims outside the scope of coverage, and the complaint was an attempt to plead into coverage despite the uncontroverted facts as the general commercial liability policy's pollution exclusion clearly encompassed the construction debris of the sort of which the underlying plaintiff complained—fiberglass particulates and other bits of dust in the air as a result of construction work—which caused irritation to her lungs, eyes, and skin when it contaminated the air she breathed.