10th Circuit Reverses No Coverage Ruling In Suit Arising From Easement Dispute
(October 30, 2015, 12:33 PM EDT) -- DENVER — The 10th Circuit U.S. Court of Appeals on Oct. 29 held that counterclaims against a developer insured in an underlying easement dispute can be read to allege an occurrence under an insurance policy, reversing and remanding a lower federal court’s finding that the insurer has no duty to defend its insured (KF 103-CV, LLC v. American Family Mutual Insurance Co., No. 14-1403, 10th Cir.; 2015 U.S. App. LEXIS 18827).
(Order and judgment available. Document #13-151112-003R.)
The Infinity Group owned land adjacent to a residential...