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Landmark American Insurance Co. v. AJ Constructors, Inc.

Court: SD Tx  09/19/2019  Southern District Grants Motion to Dismiss Duty to Indemnify Dispute Pending Confirmation of Underlying Arbitration Award

The court found that, even though the parties believed that the arbitration panel was unlikely to modify the arbitration award in a way that would affect the duty to indmenify issue, it should not exercise jurisdiction because of the risk that something unexpected could occur with the award.

commercial general liability insurance policy, commercial excess liability policy, duty to indemnify, motion to dismiss

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