Contractor Entitled to Continued Defense Against Allegations of Faulty Construction

    The U.S. District Court found that the contractor was entitled to a defense in the underlying state court action. Pa. Nat’l Mut. Cas. Ins. Co. v. Zonko Builders, 2021 U.S. Dist. LEXIS 168855 (D. Del. Sept. 7, 2021).     Zonko was the general contractor for building the Salt Meadows Townhomes Condominium. This included … Read more

Third Circuit Affirms Insurer’s Duty to Defend Despite Allegations of Intentional Trespass

    The Third Circuit affirmed the district court’s finding that the insured contractor was entitled to a defense despite the underlying allegations of intentional trespass. Westminster Am. Ins. Co. v. Spruce 1530, LLC, 2021 U.S. App. LEXIS 24822 (3d. Cir. Aug. 19, 2021).      In the underlying case, the state court found that … Read more

Insurer’s Motion to Strike Class Action Allegations in Business Interruption Action Denied

    The court denied the insurer’s motion to strike class action allegations in the insureds’ complaint seeking to establish business interruption claims under the insurer’s policy. Legacy Gymnastics, LLC v. Arch Ins. Co., 2021 U.S. Dist. LEXIS 108242 (W.D. Mo. June 9, 2021).      In its putative class action, Legacy alleged that Arch denied … Read more