Fleming v. United Services Automobile Ass'n

Defendant, United Services Automobile Association, is the insurer of residential rental property of which plaintiff Fleming is a part owner. Plaintiff brought this action on the insurance policy after defendant refused coverage for chemical damage that resulted from the operation of a methamphetamine laboratory on the rented property. Defendant based its refusal, in part, on the “pollution exclusion” in its policy. But see note 1. The case was tried to a jury, which found that the exclusion did not defeat coverage and also made other special findings that were adverse to defendant. Defendant…