Insured Seeks Dismissal On Basis Of Insurer’s Withdrawal Of Reservation Of Rights

(March 3, 2017, 4:23 PM EST) -- PHOENIX — An insurer’s suit seeking a coverage declaration for an underlying state court lawsuit alleging personal injury claims caused by pigeon droppings should be dismissed because the insureds entered into an agreement with the underlying plaintiff and the insurer withdrew its reservation of rights, the insureds argue in a Feb. 28 motion to dismiss filed in Arizona federal court (American Family Mutual Insurance Co. v. Scottsdale Casitas Condominium Association, et al., No. 16-2289, D. Ariz.)....

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