Insured Not Entitled To Defense From 3 Insurers, 9th Circuit Panel Affirms

Mealey's (January 17, 2017, 11:14 AM EST) -- SAN FRANCISCO — A district court did not err in determining that an insured seeking coverage from three insurers for an underlying environmental lawsuit is not entitled to coverage under the policies because the insured failed to tender the underlying suit to the insurers and received a defense for the underlying suit from another insurer, the Ninth Circuit U.S. Court of Appeals said Jan. 13 (M.B.L. Inc. v. Federal Insurance Co., et al., No. 14-56107, 9th Cir.; 2017 U.S. App. LEXIS 695)....