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Insurer Breached Defense Duty In Defect Suit, NY Judge Says

Law360 (August 10, 2018, 8:10 PM EDT) -- American Western Home Insurance Co. breached its duty to defend a carpentry subcontractor on a New York apartment complex in a construction defect action, so it must pick up the tab for half the costs another insurance company incurred defending and settling the suit on the subcontractor's behalf, a federal judge has ruled.

In a decision made public Friday, U.S. District Judge Sandra J. Feuerstein of the Eastern District of New York sided with Imperium Insurance Co. in its long-running dispute with American Western over the sums Imperium expended in connection with the underlying action against the carriers’ mutual insured, carpentry...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

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New York Eastern

Nature of Suit



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Date Filed

September 22, 2015

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