Insurers Waive Noncoverage Defense For Construction Defect Claims, Panel Rules

Insurers Waive Noncoverage Defense For Construction Defect Claims, Panel Rules

FRANKFORT, Ky. - Insurers' failure to issue a timely reservation of rights letter regarding coverage for construction defect claims constituted a waiver of, or estoppel from, their right to assert coverage defenses, including those of noncoverage, the Kentucky Court of Appeals affirmed Jan. 10 (Ohio Casualty Insurance Co. and West American Insurance Co. v. Wellington Place Council of Co-Owners Homeowners Association Inc., No. 2012-CA-000382-MR, Ky. App.; 2014 Ky. App. Unpub. LEXIS 12).

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