11th Circ. OKs Use Of Underlying Evidence In Insurance Cases
By David McAfee
Law360, Los Angeles (March 14, 2013, 4:33 PM EDT) -- The Eleventh Circuit on Thursday upheld a ruling that American Safety Indemnity Co. had no duty to defend general contractor T.H. Taylor Inc. against arbitration claims that it botched a $750,000 home renovation project, saying that a lower court was right to delve into the evidence of the underlying litigation.
The decision comes after a district court in April 2011 extended its inquiry beyond the arbitration complaint, which didn’t specify either a legal theory of recovery or allege any detail concerning the operative facts, to conclude...