Panel Finds Insurer Has No Duty To Defend Based On Insured’s Untimely Notice

Mealey's (October 20, 2015, 9:30 AM EDT) -- ATLANTA — An insured’s failure to provide prompt notice relieved an insurer of any duty to defend against claims arising from a failed retaining wall at a mall, the 11th Circuit U.S. Court of Appeals affirmed Oct. 16, finding that an insurance agent was not acting as a dual agent for the insured and insurer (Johnson Landscapes, Inc. v. FCCI Insurance Co., No. 15-11352, 11th Cir.; 2015 U.S. App. LEXIS 17951).

(Opinion available. Document #69-151030-009Z.)

Skanska USA Building Inc. was the general contractor for the construction...
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