Construction Company’s Motion To Dismiss Insurer’s Declaratory Action Denied

Mealey's (September 8, 2021, 1:57 PM EDT) -- BOSTON — A Massachusetts federal judge on Sept. 3 refused to dismiss or stay a commercial general insurer’s suit seeking a declaration that it is not obligated to defend or indemnify its insured construction company in three underlying actions, rejecting the company’s arguments that the insurer should have joined its other insurers and that the action should be dismissed or stayed pursuant to the Colorado River doctrine to avoid piecemeal litigation with a declaratory action it filed against its insurers in state court....