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

Objection to Insurer’s Protective Order Regarding Dismissed Claim Overruled

    The court overruled the objection to the magistrate issuance of a protective order to prevent a deposition related to a dismissed claim. Pulte Home Corp. v. TIG Ins. Co., 2021 U.S. Dist. LEXIS 159014 (S.D. Calif. Aug 23, 2021).      Plaintiff was the general contractor for two real estate development projects. In … Read more

Denial of Claim for Data Breach Overturned by Fifth Circuit

    The Fifth Circuit reversed the district court’s grant of summary judgment which held that the insurer had no duty to defend a data breach suit filed against the insured. Landry’s, Inc. v. Ins. Co. of the State of Pennsylvania, 2021 U.S. App. LEXIS 21688 (5th Cir July 21, 2021).      Landry’s operated … Read more

Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall

    The exclusion for suits arising out of construction of condominiums encompassed the underlying claim for faulty construction of a retaining wall. HT Serv., LLC v. Western Heritage Ins. Co., 2021 U.S. App. LEXIS 16259 (10th Cir. June 1, 2021).     HT Services was a land developer. HT Services designed and constructed a residential … Read more