Insurer Seeks Declaration That It Doesn’t Owe Duty to Defend in Gun Manufacturing Toxic Fumes Case

ORLANDO, Fla. –– An insurance company has filed a declaratory judgment action in Florida federal court, seeking a declaration that it does not owe a duty to defend or indemnify its insured against claims that a gun manufacturing facility released toxic fumes resulting in bodily injury.

Plaintiff Foremost Property and Casualty Insurance Company filed the declaratory action on Sept. 4 in the U.S. District Court for the Middle District of Florida.

“Foremost believes that it has no duty to defend, and therefore no duty to indemnify, Fentress or Cotton pursuant to the terms of two ‘pollution exclusions’ contained in a …