Busch Properties, Inc. v. National Union Fire Ins., No. 14-3699 (8th Cir. 2016)
Annotate this CaseBusch filed suit against National Union after National Union denied coverage for Busch's expenditures to remediate mold in the condominium complex that it managed. The court concluded that the district court correctly concluded that Busch's payments for mold remediation are not covered under its policy with National Union because its legal obligation to remediate the mold did not spring from "liability imposed by law." The court also concluded that the district court correctly concluded that Busch's maintenance or consent agreements do not trigger coverage under the 1994 policy because those agreements do not constitute a legal obligation to pay as damages for liability assumed by Busch under contract. Accordingly, the court affirmed the judgment.
Court Description: Smith, Author, with Murphy and Melloy, Circuit Judges] Civil case - Insurance. The district court correctly concluded that the expenses plaintiff incurred in remediating mold were not covered under its policy with National because its legal obligation to remove the mold did not spring from liability imposed by law; the district correctly concluded that plaintiff's maintenance or consent agreements with its tenants did not trigger coverage because those agreements did not constitute a legal obligation to pay as damages for liability assumed by plaintiff under contract.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.