Insurer Had Duty To Defend Class Action Against Energy Company, 1st Circuit Affirms

Mealey's (June 18, 2019, 12:12 PM EDT) -- BOSTON — The First Circuit U.S. Court of Appeals on June 17 affirmed a lower federal court’s ruling that a directors and officers liability insurer has a duty to defend against an underlying class action alleging that its private energy company insured engaged in misconduct that resulted in customers receiving higher bills than what was represented, rejecting the insurer’s contention that the underlying complaint fails to allege that the insured engaged in conduct that qualifies as an “occurrence” or caused any “bodily injury” under the policy (Zurich American Insurance Company v. Electricity Maine LLC, et al., No. 18-1968, 1st Cir., 2019 U.S. App. LEXIS 18074)....