CGL Insurer Says Insurer’s Argument Is ‘Red Herring’ In Suit Seeking Contribution

Mealey's (September 5, 2019, 9:36 AM EDT) -- BOSTON — A commercial general liability insurer on Aug. 19 argued to the First Circuit U.S. Court of Appeals that another insurer’s argument that it is estopped from enforcing its policy terms because its notification of a coverage decision was untimely is a “red herring” and that the appeals court should affirm a lower federal court’s ruling that it has no duty to defend an apartment management company insured against an underlying property damage lawsuit (Clarendon National Insurance Company v. Philadelphia Indemnity Insurance Company, No. 19-1212, 1st Cir.)....