Mealey's Insurance - Judge Dismisses Insurer's Equitable Contribution Claim Over Defects Lawsuit

Mealey's Insurance - Judge Dismisses Insurer's Equitable Contribution Claim Over Defects Lawsuit

FORT MYERS, Fla. - There is no actual case or controversy regarding an insurer's duty to defend an additional insured in a construction defects case because it has accepted that duty, a Florida federal judge ruled Aug. 1, dismissing the primary insurer's declaratory judgment and equitable contribution claims against the insurer (Amerisure Mutual Insurance Co. and Amerisure Insurance Co. v. Crum & Forster Specialty Insurance Co. and Evanston Insurance Co., No. 12-443, M.D. Fla.; 2014 U.S. Dist. LEXIS 105467).

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