Supreme Court Upholds Key Ruling on Treated Wood Liability Coverage
Supreme Court Upholds Key Ruling on Treated Wood Liability Coverage

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The U.S. Supreme Court has declined to hear an appeal from Argonaut-Midwest Insurance Co., thereby upholding a lower court’s decision that could require the insurer to cover claims from a South Carolina fence builder who developed cancer linked to exposure to chromated copper arsenate in treated wood. The 4th Circuit Court of Appeals ruled that the insurance policy, while primarily covering operations in Hawaii, did not restrict coverage only to that state, allowing for potential nationwide applicability. The ruling underscored the importance of the information exchanged between the insurer and the insured when assessing liability. The case will return to a federal district court in South Carolina to further determine the extent of Argonaut’s obligations to defend and provide coverage for related claims.

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