Judge:  Insurer Has Duty To Defend T-Mobile In Suit Alleging Tower Damaged Building

Mealey's (April 6, 2021, 2:13 PM EDT) -- SEATTLE — On remand from the Ninth Circuit U.S. Court of Appeals, a federal judge in Washington on April 1 held that an insurer has a duty to defend T-Mobile USA against an underlying lawsuit alleging that a cell phone tower caused property damage, granting T-Mobile’s motion for partial summary judgment as to its breach of contract and declaratory judgment claims, denying both the insured’s and insurer’s motions for summary judgment as to the bad faith claim and deferring ruling on the insurer’s motion for summary judgment as to the New Jersey Consumer Fraud Act claim....