9th Circ. Says Mid-Continent Must Cover $4.5M Settlement

Law360, New York (June 28, 2011, 5:23 PM EDT) -- The Ninth Circuit on Monday ruled that Mid-Continent Casualty Co. must indemnify a construction company based in Washington state for a $4.5 million settlement it paid to resolve litigation over defects in a condominium development.

The court held that the insurer couldn’t invoke policy exclusions to deny coverage to Titan Construction Corp. in its settlement with fellow contractor Kennydale Vista LLC in a third-party suit over the alleged negligent construction of the condos.

The development’s owners filed suit against Kennydale in Washington state court alleging a...
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