5th Cir. Affirms Judgment for Texas Insurer

NEW ORLEANS - The 5th Circuit Court of Appeals has affirmed summary judgment for a commercial insurer that relied on a fungus exclusion in defending against a shopping center's water and mold damage claim. Pierre v. Potomac Insurance Company of Illinois, No. 08-11022 (5th Cir.).

The 5th Circuit issued a brief, per curiam opinion on Oct. 26 adopting the reasoning of the U.S. District Court for the Northern District of Texas in its decision awarding summary judgment to Potomac Insurance Company of Illinois on mold and water damage claims by plaintiff Jean Pierre.

Pierre was the owner of a shopping …