Judge: No Indemnity For Defects Award As Policy Limits Were Not Exhausted
Mealey's (November 11, 2015, 11:39 AM EST) -- DENVER — An excess insurer has no duty to indemnify an underlying construction defects judgment because its policy limits have not been exhausted, a Colorado federal judge ruled Nov. 9, dismissing third-party breach of contract and bad faith claims against the insurer (The Phoenix Insurance Co., et al. v. Cantex Inc., et al. and Cantex Inc. v. Scottsdale Insurance Co. and Continental Casualty Co., No. 13-00507, D. Colo.; 2015 U.S. Dist. LEXIS 151729).
(Order available. Document #69-151204-017R.)
Cantex Inc. filed a construction defect case Concrete Management...