Source: https://www.claimsjournal.com/, October 20, 2022
By: Jim Sams

A decision by a panel of the North Carolina Court of Appeals this week adds to a body of case law that holds insurers liable for outbreaks of Legionnaire’s disease despite policy exclusions for injuries caused by bacteria.

The appellate panel on Tuesday affirmed a trial court decision that found the North Carolina Farm Bureau Mutual Insurance Co. has a duty to defend a hot tub retailer against lawsuits filed after 135 attendees at the Mountain State Fair were infected by Legionella bacteria in September 2019. An investigation by the state Public Health Division determined the most likely source of infections that killed four and hospitalized 95 people was the hot tubs displayed at the fair by All Pro Billiards and Spas. Read more.