Exclusions Don't Bar Coverage For Minn. Homeowners

MINNEAPOLIS - A federal judge held Feb. 1 that neither mold nor construction defect exclusions in a homeowner's policy preclude coverage of mold and water damage from leaks in defective chimney flashing. Buscher v. Economy Premier Assurance Co., No. 05-544 (RHK/JSM) (D. Minn.).

Judge Richard H. Kyle of the U.S. District Court for the District of Minnesota granted a motion for partial summary judgment on policy language issues by plaintiff Bradley J. Buscher and denied a similar motion by defendant Economy Premier Assurance Co., the Buschers' home insurer.

Buscher and his family trust filed a declaratory judgment action against Economy …