10th Circuit Affirms Dismissal Of Insurer’s Breach Of Contract Case Based On ‘Suit’ Definition

Mealey's (December 11, 2019, 1:55 PM EST) -- DENVER — Finding no error in a lower court’s interpretation of an insurance policy’s definition of “suit,” the 10th Circuit U.S. Court of Appeals on Dec. 6 affirmed that an insurer failed to assert a breach of contract claim against an insured for its alleged failure to pay per-occurrence deductibles that would have offset an amount the insurer paid to settle underlying water damage claims filed by townhome owners and an association (Mid-Continent Casualty Co. v. Greater Midwest Builders Ltd., et al., No. 18-3113, 10th Cir., 2019 U.S. App. LEXIS 36302)....