Kan. Court Affirms Carrier's Right to Deny a Defense to Home Seller
August 31, 2010
DOCUMENTS
- Opinion
TOPEKA, Kan. - A home seller blamed by buyers for mold injuries and property damage from faulty repairs is not entitled to a defense from his insurer because his policy excluded claims arising from the sale or transfer of the residence, a Kansas appellate court has affirmed. W_ilson, et ux. v. Farmers Insurance Exchange, et al._, No. 102,402 (Kan. Ct. App.).
The Court of Appeals of Kansas concluded in an unpublished opinion on July 9 that the injury claims buyers filed against Christopher Moeller were "direct or consequential" results of the sale of his home and, thus, excluded from coverage …
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