Massachusetts Bay Ins. Co. v. Fort Benning Family Communities, LLC, et al.

May 2017 Julie F. Maloney obtained a judgment in favor of Massachusetts Bay Insurance Company in a coverage case arising from a lead paint poisoning lawsuit. The coverage action hinged on the choice of law: under Georgia law, there was no coverage because the claimed injuries fell under the policy’s pollution exclusion, but under Maryland law, the injuries were not barred by the pollution exclusion. The Court denied the insurer’s motion for summary judgment based on Georgia law because the Court did not believe that a Georgia court would apply the “presumption of…continue reading →