Panel: Insurer Has No Duty To Defend, Indemnify In Contractor Payment Dispute
Mealey's (November 23, 2015, 11:29 AM EST) -- SAN FRANCISCO — A commercial general liability insurer has no duty to defend or indemnify an insured because there is no disputed issue of fact about whether there was an “occurrence” following the incomplete construction of a home over a payment dispute, the Ninth Circuit U.S. Court of Appeals affirmed Nov. 19 (Atain Specialty Insurance Co. f/k/a USF Insurance Co. v. Homer F. Savard, et al., No. 13-16638, 9th Cir.; 2015 U.S. App. LEXIS 20095).