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23-2045·INSURANCE

Berkley Assurance Company v. CBG Building Co.

Status
  1. Scheduled
  2. Argued (current)
  3. Opinion Issued
Question Presented

Whether building contractor’s mold remediation qualified as “pollution loss” under insurance policy; other issues.

Argument Date
May 9, 2024
Argument Time
9:30 a.m.
Panel
V
Courtroom
Tweed Courtroom (Room 414-D)
Lower Court Judge
Brinkema
Associated Cases
23-2091

Panel

Judge Wilkinson
Judge Agee
Senior Judge Floyd

Citation

CaseBerkley Assurance Company v. CBG Building Co., No. 23-2045 (4th Cir. argued May 9, 2024)
PanelFloyd, S.J., Wilkinson & Agee, JJ.

Arguing Counsel

Panel That Day

1 of 2 cases argued May 9, 2024 before this panel have been decided.

Authorship Outlook

With the decided sibling already credited to Judge Wilkinson, Judge Agee edges out Senior Judge Floyd as the likely author — though the gap between their track records is narrow.

1 of the 2 opinions from this panel has been decided. Decided opinions have been authored by Judge Wilkinson.

This is a statistical guess based on prior sittings in this dataset, not a prediction of the ruling.

Predicted Opinion Release

Likely between November 23, 2026 and October 11, 2029, with May 11, 2027 the most likely date.

Argued 902 days ago. The case has now outlasted nearly every comparable prior case (100% of mass consumed); a separate writing or a contentious majority is likely in progress.

■ ■ ■Calibrated from a deep history (48 prior subject cases + 14 prior panel cases)

80% predictive interval from a log-logistic accelerated-failure-time model fit on 2,134 prior decided cases plus 111 currently-pending cases as right-censored evidence. Updates as days pass with no opinion. How this is calculated →