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Colony Insurance Co. v. First Mercury Insurance Co.

Court: SD Tx  09/26/2022  Magistrate Holds One Excess Insurer Cannot Recover Against Another Following Bench Trial

Following a bench trial a Magistrate of the Southern District of Texas issued Findings of Facts and Conclusions of Law holding that commercial excess liability insurer that funded settlement of construction defect lawsuit could not recover via subrogation against non-contributing excess insurer of prior policy periods because paying insurer had not demonstrated covered property damage during the prior policy periods.

commercial excess liability policy, commercial general liability insurance, Findings of Fact and Conclusions of Law, construction defect, consecutive policies, date of loss, occurrence, duty to indemnify, property damage, equitable subrogation

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