5th Circ. Backs Continental Win Over Late Direct-Action Claim

Law360, New York (February 28, 2013, 11:58 PM EST) -- The Fifth Circuit on Thursday affirmed a Continental Casualty Co. win in a suit brought by another insurer over a property title business’s alleged professional negligence, saying the insurer failed to report its direct action claim against Continental within the policy period.

The three-judge appeals panel affirmed a Louisiana district court’s dismissal of First American Title Insurance Co.’s suit against Continental after determining that the direct action statute under which First American pulled Continental into the dispute does not trump a provision in Continental’s policy requiring...
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