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Insurer Waived Right To Remove Breach Of Contract, Bad Faith Suit, Judge Finds

Mealey's (July 15, 2015, 11:34 AM EDT) -- DENVER — An insurer waived its right to remove an insured’s breach of contract and bad faith lawsuit regarding coverage for water intrusion at a construction project based upon the policy’s service-of-suit endorsement, a Colorado federal judge ruled July 8 (Elevation Builders Inc. v. Companion Specialty Insurance Co., No. 15-00490, D. Colo.; 2015 U.S. Dist. LEXIS 89885).

(Order available. Document #69-150810-006R.)

Elevation Builders Inc. entered into a contract with Clay Street Condos LLC to construct a 21-unit condominium building. On Sept. 12, 2013, Elevation was notified...
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