Judge: Claims Of Continuing Damage From Defects Trigger Insurer’s Duty To Defend
(April 1, 2016, 10:33 AM EDT) -- PORTLAND, Ore. — Allegations of continuing damage arising from construction defects triggered an insurer’s duty to defend, an Oregon federal judge ruled March 29, finding that a misrepresentation claim can give rise to a claim for negligent, rather than intentional, misrepresentation, (Colony Specialty Insurance Co. v. Mutual of Enumclaw Insurance Co., No. 15-00783, D. Ore.; 2016 U.S. Dist. LEXIS 41927).
(Opinion and order available. Document #69-160506-001Z.)
U.S. Judge Michael McShane of the District of Oregon granted summary judgment to Colony Specialty Insurance Co. in its lawsuit...