The Appellate Court affirmed our win in the trial court, holding that the common law defense of “innocent insured” is trumped by policy language.

Both the Trial Court and the Appellate Court agreed policy language controls the question of whether a misrepresentation under one coverage part voids coverage for the entire loss.
Our client’s alleged awareness of mold before a loss did not overcome the policy’s exclusion of losses caused by mold. The Appellate Court affirmed the trial court’s decision in our favor.
We obtained dismissal of numerous cases in the Appellate Court, short of rulings due to procedural defects (i.e., lack of jurisdiction, untimeliness).