No Summary Judgment for Insurer Arguing Over Contractor's CGL Coverage

DALLAS - Allegations of mold contamination from the negligent installation of an air-conditioning system constitute an 'occurrence' within the meaning of the installer's comprehensive general liability policy, a federal judge concluded Oct. 21. Mathews Heating & Air Conditioning v. Liberty Mutual Fire Insurance Co., No. 3:03-cv-2910-P (N.D. Texas).

Judge Jorge Solis of the U.S. District Court for the Northern District of Texas denied Liberty Mutual Fire Insurance Co.'s motion for summary judgment on breach of contract and bad faith claims brought by Liberty Mutual insured Mathews Heating & Air Conditioning.

Mathews is seeking $90,000 from Liberty Mutual after settling contract, …