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SIEGEL v. THE CHUBB CORPORATION

33 A.D.3d 565 (2006)

825 N.Y.S.2d 441

GARY R. SIEGEL, as Trustee for Equity Resources Trust, et al., Appellants, v. THE CHUBB CORPORATION et al., Defendants, and PACIFIC INDEMNITY COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 31, 2006.

Plaintiff Kramer was forced to vacate his condominium when environmental testing demonstrated high levels of toxins in the air, caused by mold. Kramer sought extra living expenses under his all-risk policy written by Pacific, and received a $120,000 advance without prejudice to recovery. Pacific later disclaimed coverage under the mold exclusion, and counterclaimed for return of the advance.

Pacific met its burden of demonstrating that the mold exclusion of the policy...

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