3rd Circ. Says Insurers Can't Evade Defense Obligations

Law360, New York (March 7, 2016, 3:37 PM EST) -- Michael H. Sampson

Caitlin R. Garber Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that an insurer owed a garage owner a duty to defend because it was an “additional insured” under a subcontractor’s commercial general liability policy. The Third Circuit held that duty was triggered because — applying either a “but-for” causation standard or the more demanding “proximate” causation standard — the bodily injury alleged in the underlying complaint was “caused” by the subcontractor’s acts or omissions. Ultimately agreeing that...

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