Insurer Doesn't Have To Fund Condo Repair: 4th Circ.

Law360, New York (July 1, 2009, 12:00 AM EDT) -- A federal appeals court has upheld a ruling that Amerisure Mutual Insurance Co. has no duty to defend a contractor hired by a North Carolina condominium developer in a multimillion-dollar construction design and defect lawsuit brought by a homeowners association.

Wednesday's ruling in the U.S. Court of Appeals for the Fourth Circuit affirmed an April 2008 order of summary judgment against Breezewood of Wilmington Condominiums Homeowners Association Inc., which claimed the Michigan-based insurer owed it millions in connection with necessary repairs.

The case centers on a...
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