6th Circ. Won't Rehear Fortney Defect Coverage Suit

Law360, New York (April 21, 2010, 1:43 PM EDT) -- A federal appeals court has refused to grant an en banc rehearing on its decision that three insurers had a duty to defend contractor Fortney & Weygandt Inc. in litigation arising out of a construction contract dispute despite a defective-workmanship exclusion in their policies.

The U.S. Court of Appeals for the Sixth Circuit said Monday that it had considered a petition for an en banc rehearing submitted by the insurers, American Manufacturers Mutual Insurance Co., American Motorists Insurance Co. and Lumbermens Mutual Casualty Co., but had...
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