Whitlock Air Service Challenges Insurance Denial Over Herbicide Damage Claims

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Finally, Whitlock rejected the insurer’s use of an expected or intended injury exclusion, asserting that the company did not expect or intend the damage to the vegetation in question.

The case is ongoing, with Whitlock being represented by Joseph L. Pellis II and Joseph E. Hopkins of Pellis Law Group LLP. Counsel for National Union has not been identified.

The case is Whitlock Air Service Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., case number 1:25-cv-00230, in the U.S. District Court for the Southern District of New York.

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