Insurers Owe Duty To Defend Insured Against Contaminated Well Water Suit

(July 26, 2024, 10:39 AM EDT) --  XE "Lead Exposure"  XE "Pollution Exclusion" BUTTE, Mont. — Insurers have a duty to defend an insured for an underlying third-party complaint alleging that the insured’s negligence in installing a water well contributed to injuries sustained by tenants who consumed the well water because the insuring agreement for the primary policy’s limited pollution coverage endorsement is ambiguous and cannot be construed as a bar to coverage, a Montana federal magistrate judge said in denying the insurers’ motion for summary judgment....