9th Circuit Holds Insurer Breached Duty To Defend Construction Defects Suit

Mealey's (March 28, 2016, 11:22 AM EDT) -- PORTLAND, Ore. — A commercial general liability insurer breached its duty to defend insureds in an underlying construction defects lawsuit and, thus, is liable for defense costs incurred by another insurer, the Ninth Circuit U.S. Court of Appeals ruled March 23, finding that the insurer provided no reasonable explanation for why policy exclusions applied (Angela Dowson, an authorized representative of Montana Pride Builders, LLC, and as personal representative of John D. Dowson, and Mountain West Farm Bureau Mutual Insurance Co. v. Scottsdale Insurance Co., No. 13-36087, 9th Cir.; 2016 U.S. App. LEXIS 5400)....