Insured Asks 8th Circuit To Find Coverage Exists For Construction Defects Suit

Mealey's (December 13, 2017, 9:27 AM EST) -- CINCINNATI —A developer and general contractor recently asked the Eighth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that its insurer has no duty to defend it against a homeowners association’s claims in an underlying defective construction lawsuit, contending that there was a “rational possibility” that the homeowners association sought damages that were covered by the policy (Clarke Company Limited v. American Family Mutual Insurance Co., No. 17-2418, 8th Cir.)....