10th Circ. Revives AIMCO's Defense Fight With Insurer

By Erin Fuchs

Law360, New York (February 03, 2010, 5:55 PM ET) -- A federal appellate court has found that Nutmeg Insurance Co. cannot ignore facts that signal a duty to defend in separate but related suits over an alleged Ponzi scheme against policyholder Apartment Investment and Management Co.

The U.S. Court of Appeals for the Tenth Circuit on Tuesday reversed a lower court's decision to grant summary judgment to Nutmeg in a suit brought by AIMCO, which provides property management services including risk management.

AIMCO's suit against Nutmeg claimed the insurer had breached its duty to defend seven...
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