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Intentionally Building Houses on Contaminated Property Excluded  

POLLUTERS FORCED INTO BANKRUPTCY  

Plaintiffs Victor Rosario, Nilda Maldonado, Jose Flores, and Noemi  Flores appealed from three Law Division orders dismissing their second  amended complaint against the defendant insurance carriers on  dispositive cross-motions on whether insurance coverage applies. Having  obtained a nearly $2 million judgment against the bankrupt developer of  their residential properties \\u2013 for failing to disclose their homes were  built on contaminated properties \\u2013 plaintiffs sought the proceeds of the  comprehensive general liability (CGL) policies and lost.  

Victor Rosario, Nilda Maldonado, Jose Flores, and Noemi Flores v. The  Hartford Fire Insurance Co., and The Western World Insurance Co., No.  A-1968-20, Superior Court of New Jersey, Appellate Division (January 4,  2023) resolved the dispute.  The Plaintiffs purchased a single-family homes from developer Marco  Construction and Management, Inc. in 2006.  Unbeknownst to plaintiffs, automotive fluids and waste oil were  discharged into floor drains and the soil. In 1988, the underground  storage tanks were removed from the site without proper notice to the  authorities.