Farmers 1, Insurer 0

Insurer Must Provide Defense for Farms Accused of Spraying Pesticide on Neighbor.

Two key paragraphs:

Rejecting an insurer’s arguments that multiple exclusions operated to preclude coverage, a Florida federal court judge ruled that two farms are entitled to a defense for a lawsuit accusing them of spraying pesticide on a neighboring farm.

and

The order was not a total victory for the insureds, however, as the court said the duty to indemnify remains unresolved, leaving an award for attorneys’ fees and costs incurred in defense of the declaratory action premature. The judge denied the motion for those attorneys’ fees and costs without prejudice, allowing the sugar farms to renew their request later in the litigation.

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