W.Va. Justices Affirm 6 Insurers' Wins In Defect Coverage Row

Law360 (May 1, 2019, 10:52 PM EDT) -- West Virginia's highest court affirmed Wednesday that six insurance companies have no duty to defend or indemnify builder JA Street & Associates Inc. in a property developer's suit over construction defects at a shopping center, agreeing with a lower court that a policy exclusion for contract-based claims forecloses coverage.

The unanimous state Supreme Court of Appeals upheld six trial court orders granting summary judgment to Bitco General Insurance Corp., The Cincinnati Insurance Co., The Ohio Casualty Insurance Co., Zurich American Insurance Co. of Illinois, Scottsdale Insurance Co. and The Princeton Excess and Surplus Lines Insurance Co., which had issued a series...

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