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Home / Opinion Digests / Insurance / Insurance – Excess Coverage – Coal Ash Ponds – Intentional Injury Exclusion – Fortuity (access required)

Insurance – Excess Coverage – Coal Ash Ponds – Intentional Injury Exclusion – Fortuity (access required)

In this action to determine whether the defendant-insurers are obligated to compensate Duke Energy for alleged liabilities linked to coal ash, the moving defendants contend they are not liable for damage at the Mayo Plant near Roxboro, based on the “intentional injury exclusion” in their policies. However, despite these defendants’ evidence that Duke knew at ...

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