Continental Western Insurance Co. v. Heritage Estates Mutual Housing Ass'n

Opinion by

Judge CASEBOLT.

In this insurance coverage proceeding, plaintiff, Continental Western Insurance Company, appeals the order awarding attorney fees to defendant, Heritage Estates Mutual Housing Association, Inc. We reverse.

Continental issued property and liability insurance to Heritage for an apartment building that Heritage owned. Heritage submitted a claim under the property insurance coverage for cleanup costs incurred to remediate apartments that required bioha-zard decontamination and restoration. Contending that the policy's pollution exclusion precluded coverage, Continental…