Legal Question in Personal Injury in Florida

Negligence is the failure to use due care. The likelihood is that the paint company, if they failed to exercise due care in the work being done, could be responsible in negligence for their actions. There is not claim for DD hiring an unlicensed and uninsured entity. They may be responsible for the actions of their agent however. that said without seeing the policy it is impossible to know if the pollution exclusion applies or not. The lack of insurance only means the DD does not have insurance for the loss, it does not mean you don't have a claim. You can still pursue it against the uninsured store owner. You have to have medical support for the relationship between your permanent injuries and the negligent actions.

Everything Barry said is correct. But it seems a stretch to me that paint spray would cause congestive heart failure. Maybe you meant your reaction was worse because you already have congestive heart failure? In any event, you would need your treating doctors to agree that the spray caused your heart failure OR a worsening of a pre-existing heart condition. That's another way of saying that any negligence of the painter caused your injuries. Plus, other aspects regarding the relationship between the painter and the store would have to be explored. You shouldn't have started dealing with DD without first trying to call a lawyer. Injured people trying to read and interpret insurance policies or exclusions is always a disaster. I couldn't accept this case. But other lawyers might -- all lawyers have different intake standards that are often more limiting than the law itself. In other words, you might technically have a case, but may or may not be able to find a lawyer. Whether this would be covered by the policy depends on the policy language, not what the insurance company says or doesn't say in their letter. That makes no difference.