After Preferred Mutual Insurance Company denied coverage for property damage reportedly caused by a chemical plant explosion, Francis and Anita Trupo filed suit.
When the Monroe County Supreme Court found in the couple's favor, Preferred appealed to the Appellate Division, Fourth Department.
The AD4 was of the view the incident was a covered event and qualified as an "explosion" under the policy's terms and conditions. (A "contamination" exclusion didn't apply since this was a "sudden occurrence," rather than "wear and tear" or exposure "that occurred over time.")
Two dissenting judges would have denied the claim. While they agreed the incident qualified as an "explosion," they were of the belief the policy's language specifically disclaimed a recovery for any form of contamination.
Will Preferred be a trouper and honor the claim or will the company prefer to force the Trupos up to the Court of Appeals?
Fulminate over that!
For a copy of the Appellate Division's decision, please use this link: Trupo v. Preferred Mutual Insurance Company