Duty to Indemnify

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    In a dispute over coverage obligations between two insurers, the court rejected one insurer's claim that the other insurer was equitably estopped from denying a defense. Associated Industries Ins. Co. v. Sentinel Ins. Co., 2025 U.S. Dist. LEXIS 114423 (S.D. N. Y. June 16, 2025). 

    Eduardo Molina was a construction…

    The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess Ins. Co., 2025 U.S. Dist. LEXIS 110298 (S.D. N. Y. June 10, 2025).

    21 West 86 LLC, the owner of a building…

    The appellate court reversed the lower court's denial of the insurer's motion to dismiss a claim pursued by non-insured parties. Nino & Nino Corp. v. Utica First Insurance Co., 2025 N.Y. App. Div. LEXIS 3226 (N.Y. App. Div. May 28, 2025). 

    Granville Wiltshire (decedent) was an employee of Door Restaurant…

    Interpreting Kentucky law, the Sixth Circuit determined that the contractor who failed to complete a project was entitled to a defense in an action brought by its performance bond carrier. Phoenix Ins. Co., et al. v. Wehr Constructors, Inc., 2025 U.S, App. LEXIS 9258 (6th Cir. April 18, 2025). 

    Wehr…

    The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024). 

    In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc.

    The federal district court adopted the Report and Recommendations (R&R) of the magistrate judge, finding there was no coverage for faulty workmanship in replacing a roof for an apartment complex. Burlington Ins. Co. v. PCGNY Corp., 2024 U.S. Dist. LEXIS 167814 (S.D. N. Y. Sept. 16, 2024). 

    Skyline Restoration was…

    The Michigan Court of Appeals determined that the lessor of a marina was an additional insured under the lessee's policy and entitled to coverage for a wrongful death claim. Auto-Owners Ins. Co. v. JROC Inc., 2024 Mich. App. LEXIS 7053 (Mich. Ct. App. Sept. 12, 2024).    

    Jill Parrinello and Darrin…

    The court found that even if the insured's negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). 

    The insured, Clinton Wood, purchased a townhome in January 2014. After…