5th Circ. Lets Wausau Off Hook For Keller Defense

Law360, New York (November 19, 2010, 12:00 AM EST) -- The U.S. Court of Appeals for the Fifth Circuit has reversed a lower court's ruling that a purchase agreement between Keller Foundations Inc. and a predecessor entitled it to defense coverage from Wausau Underwriters Insurance Co. in litigation over construction defects.

The appeals court Friday ruled that Magistrate Judge John W. Primomo of the U.S. District Court for the Western District of Texas erred when he held that Keller was entitled to a defense, since the purported transfer of the insurance coverage from the predecessor to...
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