5th Circ. Reverses Wilshire Duty To Defend Ruling

Law360, New York (August 31, 2009, 1:31 PM EDT) -- The U.S. Court of Appeals for the Fifth Circuit has found that Wilshire Insurance Co. had a duty to defend a construction company whose faulty foundation failed to protect a home from shifting earth, reversing a ruling from the U.S. District Court for the Western District of Texas.

In an opinion issued Wednesday, a three-judge panel remanded the matter, ruling that, because RJT Construction LLC's work did not directly cause the earth to shift, an earth subsidence exclusion clause in the company's commercial general liability policy...
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