Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion

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Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion

The Eleventh Circuit, affirming the district court’s departure from Florida’s four corners rule, held that a pollution exclusion barred coverage for a bodily injury claim arising from exposure to construction debris, even though the operative pleading on its face stated a claim within

coverage. The court applied an exception to the general rule and considered extrinsic evidence because the parties were aware of an undisputed fact that if pled, would have placed the claim

outside of coverage.

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