Westfield Doesn't Owe Subcontractor Defense: Judge

Law360, New York (January 31, 2011, 5:49 PM EST) -- A federal judge on Monday reversed his ruling that Westfield Insurance Co. has a duty to defend third-party defendant Custom Agri Systems Inc. in a contract dispute over the building of an animal feed manufacturing facility.

Judge James G. Carr of the U.S. District Court for the Northern District of Ohio granted intervenor-defendant Westfield's motion for reconsideration of his July 21 order, which had awarded subcontractor Custom Agri summary judgment on the insurer's duty to defend.

The judge found that “new evidence and the changing complexion...
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