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Insurance – CGL – Time on the Risk – Underlying Action – Unripe

Holding: The plaintiff-insurer and defendant United Specialty Insurance Co. both insured the defendant-contractor at different times. Although the contractor has been sued in connection with a condominium complex it built, since the fact finder in that underlying action has made no findings, the question of any insurer’s duty to indemnify or an assessment of the time-on-the-risk allocation with respect to the underlying action is dependent on future uncertainties and therefore is not ripe for this court’s consideration.

The court grants United’s motion to dismiss.

Plaintiff cannot seek a declaration enforcing United’s alleged obligation to defend the contractor in the underlying action when that obligation arises under a contract to which plaintiff is not a party.

FCCI Insurance Co. v. Island Pointe, LLC (Lawyers Weekly No. 002-050-18, 7 pp.) (Richard Mark Gergel, J.) 2:17-cv-01976; Grayson Mead Shephard and William James Flynn for plaintiff; Allen Leland DuPre, Howard Michael Bowers, Mary Barnwell Ramsay, David Brown, David Grant Harris II, Joshua D Shaw and Lee E Dixon for defendants; D.S.C.

 

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