Insurer Denies Duty To Defend In $2.1M Contract Spat

Law360, New York (October 26, 2009, 7:28 PM EDT) -- Capitol Indemnity Corp. has sought summary judgment in its effort to avoid paying a $2.1 million breach of contract settlement between a building contractor the company insured and Kingsland Investments LP, insisting that the claims in the underlying suit do not compel it to defend or indemnify its client.

In a motion filed Friday in the U.S. District Court for the Eastern District of Missouri, Capitol contends that its duty to defend Schaefer Group Inc. against the underlying suit was dependent exclusively on the allegations originally...
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