11th Circ. Says Insurer Must Defend Mall In Stabbing Case

Law360 (March 12, 2020, 3:41 PM EDT) -- The Eleventh Circuit affirmed Thursday that Mt. Hawley Insurance Co. must defend a Florida outdoor shopping mall in litigation over a stabbing that occurred outside a bar-and-grill tenant, agreeing with a lower court that it is unclear from the stabbing victim’s complaint whether coverage exists.

In a four-page opinion, the appellate panel said it agreed with the “well-reasoned opinion” that U.S. District Judge Kenneth A. Marra issued last April, when he granted summary judgment to the owners and a ground lessor of Jupiter West Plaza in Jupiter, Florida, and found that Mt. Hawley had a continuing duty to defend them....

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