Coverage Determination Not Dependent On Resolution Of Underlying Suit, Judge Says

(October 3, 2022, 4:57 PM EDT) -- SAVANNAH, Ga. — A Georgia federal judge denied a motion to dismiss filed by a homeowners association in a dispute over coverage for an underlying suit alleging that the homeowners association and others were negligent in allowing stormwater and pollutants to discharge onto neighboring properties because it is not necessary for the underlying suit to be resolved before a determination can be made as to the applicability of the policy’s pollution exclusion and prior knowledge exclusion....