Month: November 2010

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Insurer’s Failure to Follow Own Underwriting Guidelines’ Investigation Requirements Does Not Prevent Insurer from Later Raising Insured’s Material Misrepresentation on Application as Defense to Coverage

November 1, 2010 by

An insurer who fails to follow its own underwriting guidelines’ investigation requirements, and who as a result does not discover an applicant’s material misrepresentations, may still raise the applicant’s misrepresentations as a defense to coverage. ( Colony Ins. Co. v. … Read More

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Policy’s “Anti- Montrose ” Endorsements Do Not Eliminate Insurer’s Duty to Defend Insured in “Continuous and Progressively-Deteriorating” Property Damage Case

November 1, 2010 by

A general liability policy’s “anti- Montrose ” endorsements did not eliminate an insurer’s duty to defend an insured subcontractor in a construction defect case involving “continuous and progressively-deteriorating” property damage. ( Pennsylvania General Ins. Co. v. American Safety Indemnity Co. … Read More