Judge Says Insurer Has No Duty To Indemnify Settled Construction Defects Suit

Mealey's (January 10, 2017, 1:44 PM EST) -- EUGENE, Ore. — An insurer has no duty to duty to defend and indemnify a settled underlying construction defects lawsuit because the insured failed to comply with the Contractors Special Conditions in the policy before the underlying complaint was filed, an Oregon federal judge ruled Jan. 2 (Probuilders Specialty Insurance Company RRG v. Phoenix Contracting Inc. and FHC LLC, No. 16-00601, D. Ore.; 2017 U.S. Dist. LEXIS 2440)....

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