Judge: Insurer Has No Duty To Defend Insured Against State’s Public Nuisance Suit
(October 28, 2015, 11:00 AM EDT) -- PHILADELPHIA — A commercial general liability insurer had no duty to defend against an underlying lawsuit in which the Commonwealth of Pennsylvania alleged that the insured’s practice of keeping stockpiles of mulch on its property impaired the enjoyment of neighboring residents’ properties and the value of their properties, a Pennsylvania federal judge ruled Oct. 15 (Everest Indemnity Insurance Co. v. Valley Forge Inc., No. 15-593, E.D. Pa.; 2015 U.S. Dist. LEXIS 140277).
(Opinion available. Document #07-151026-036Z.)
The Commonwealth of Pennsylvania, on the relation of the special...