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MONTICELLO INS. CO. v. BAECHER

Record No. 960193.

477 S.E.2d 490 (1996)

252 Va. 347

MONTICELLO INSURANCE COMPANY v. Michael BAECHER, et al.

Supreme Court of Virginia.

November 1, 1996.

Attorney(s) appearing for the Case

Alan B. Rashkind (Furniss, Davis, Rashkind & Saunders, on briefs), for appellant.

M. T. Bohannon, Jr. (Bohannon, Bohannon & Hancock, on brief), for appellees Michael Baecher and John J. Baecher, Jr., Co-executors of the Estate of John Joseph Baecher, deceased.

Richard J. Serpe (Richard S. Glasser; Glasser & Glasser, on brief), for appellees Louise Conyer and Shanay Hunter, an infant who sues by and through Louise Conyer, her grandmother and next friend.

Present: All the Justices

HASSELL, Justice.

In this insurance coverage dispute, the dispositive issue is whether an insurer may enforce an exclusion clause described as a "health hazard exclusion."

Monticello Insurance Company had issued an "Owners', Landlords', and Tenants' Liability Insurance" policy to John Joseph Baecher on property he owned at 1821 LaSalle Avenue in the City of Norfolk. Upon his death, Monticello issued subsequent policies to his estate. The insured premises had...

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