Month: February 2022

Mississippi Supreme Court Holds Pollution Exclusion Ambiguous

In a decision issued on January 20, 2022, the Mississippi Supreme Court held that a pollution exclusion contained in a general liability policy was ambiguous with respect to a claim for coverage by an insured for a damage caused by an explosion.  The court deemed the terms “contaminant” and “irritant” within an absolute pollution exclusion ambiguous in an insurance coverage ... Read More

Association Liability for Crimes Committed by Third Parties

On February 3, 2022, a final order was issued in Letellier v. The Atrium Unit Owners Association, et al. (Case No. CL19001103-00). The case tested the duty owed by condominium associations when a third-party commits a crime against a resident. On May 7, 2017, a man posed as a maintenance worker and entered the Atrium Condominium (the “Condominium”) in Arlington, Virginia ... Read More

The Diversity of the Supreme Court

At various points in the history of the United States, Presidential candidates and Presidents have made statements about the judicial nomination of the next Supreme Court Justice, indicating that issues of ethnicity and gender may provide the deciding factor in a selection process. Several Presidents have appointed individuals to add characteristics of diversity, as well as legal brilliance and judicial temperament. However, considerations of ... Read More

Court of Special Appeals of Maryland affirms expansion of general easement to allow for emergency vehicle use

Following seven years of litigation, and two appeals, the Court of Special Appeals of Maryland affirmed a circuit court’s widening of a general easement to effectuate the intent of long-dead parties. In Garrett v. Holloway, the Court added some measure of clarity to a 1903 conveyance which referenced a bisecting private road but did not expressly create an easement nor ... Read More