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Washington Federal District Court Rules that Insurer Must Defend Contractor in Sewage Eruption Suit

By Charles Davis

A Minnesota-based contractor was sued over injuries allegedly sustained due to exposure to raw sewage that was forcibly ejected from a toilet in a Belfair, Washington business.  The contractor’s liability insurer sued the contractor in federal court in Minnesota, arguing that the policy’s fungi and bacteria and pollution exclusions barred…

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Industrial Flooring Subcontractor Secures Indemnity for Claim by General Contractor and Payment From Builders Risk Insurer

By Charles Davis

A company specializing in installation of industrial flooring was required to reinstall a clean-room floor in a manufacturing facility three times due to faulty materials from a supplier.  The general contractor made a claim for reimbursement of its expenses covering the first two reinstallations.  The subcontractor’s general liability insurer agreed…

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Federal Court Rules Directors and Officers Liability Insurer Unreasonably Breached Duty to Defend

By Charles Davis, Greg Harper

Former board members and staff representatives of a membership-based, not-for-profit Cooperative were sued over a board resolution that many of the Cooperative’s members opposed.  The Cooperative’s Directors and Officers insurer refused to defend the former board members and representatives based on information that was not in the complaint—the insurer had…

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Court Rules Liability Insurer that Breached Its Duty to Defend Cannot “Cure”

By Charles Davis, Insurance Coverage

A commercial general liability insurer refused to defend its policyholder even though the complaint against the policyholder alleged potentially covered claims.  A year later, after a default judgment was entered against the policyholder, the insurer reconsidered its denial and tried to assume the policyholder’s defense.  A judge in the Western…

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