9th Circuit: Settlement Agreement Did Not Relieve Insurer’s Liability For Defects
Mealey's (February 26, 2016, 9:37 AM EST) -- SAN FRANCISCO — Relying on an answer from the Oregon Supreme Court, the Ninth Circuit U.S. Court of Appeals on Feb. 23 vacated an order granting summary judgment to an insurer because an original settlement agreement did not extinguish whatever liability the insurer may have to its insured for alleged construction defects (A&T Siding, Inc. v. Capitol Specialty Insurance Corp., No. 12-35180, 9th Cir.; 2016 U.S. App. LEXIS 3140).
(Memorandum available. Document #69-160304-024Z.)
The Brownstone Homes Condominium Association sued A&T Siding Inc., alleging that it “discovered...