Judge: No Overlap Issues Between Insured’s Coverage Suit, Underlying Contract Case
(July 11, 2016, 12:27 PM EDT) -- SALT LAKE CITY — An insured failed to show that an underlying breach of contract action involved the same parties and issues as its insurer’s coverage action regarding the duty to defend and indemnify the insured, a Utah federal judge ruled July 8 (Acuity, a mutual insurance company v. McGinnis Homes, LLC, No. 16-58, D. Utah; 2016 U.S. Dist. LEXIS 88974).
(Memorandum decision and order available. Document #69-160805-007Z.)
On Nov. 15, 2012, McGinnis Homes LLC entered into a construction agreement to build a custom home in...