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Home / Opinion Digests / Insurance / Insurance – CGL – Declaratory Judgment Action – Other Insurance – Duty to Defend (access required)

Insurance – CGL – Declaratory Judgment Action – Other Insurance – Duty to Defend (access required)

Holding: The plaintiff-insurer has contracted to defend its insured (a general contractor) if “no other insurer defends.” Therefore, the court cannot compel the insurers of the general contractor’s subcontractors to defend the general contractor in an underlying defective construction action. The court grants the subcontractors’ insurers’ motions to dismiss. Plaintiff FCCI Insurance Co. seeks a declaratory judgment ...

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