3rd Circ. Backs Insurer In $667K Building Collapse Fee Battle

Law360 (April 27, 2021, 8:36 PM EDT) -- The Third Circuit sided with Berkley Assurance Co. on Tuesday in its dispute with another insurer over defense costs for a deadly building collapse that led to a $227 million settlement, finding that Berkley is entitled to reimbursement after its policy was declared void from the start.

The panel affirmed a summary judgment that found Colony Insurance Co. owed more than $667,000 to Berkley, as Colony would have had to pay those fees itself in the absence of Berkley's coverage since Colony had been contracted as the secondary insurer.

According to the opinion, the district court was right in finding that,...

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