J & S Enterprises v. Continental Cas

In J & S Enterprises v. Continental Cas. (Colo.App. 1991) 825 P.2d 1020, the Court held that losses from an excluded cause were not covered. In that case, asbestos particles were "scattered into various parts" of a shopping mall during a ceiling renovation. (Id. at p. 1021.) The insured, who owned business property in the mall, lost income and suffered property damage from the asbestos release. (Id. at pp. 1021-1022.) The court held the insured's claimed income and property loss were not covered because the policy specifically excluded losses caused by "contamination," and that the "intermixing of asbestos particles" throughout the mall constitutes "contamination" within the meaning of the policy. (Ibid.)