Whether a developer mistakenly believed it had the right to remove trees and dirt from a property was the deciding factor in a ruling requiring its insurer to defend it against a lawsuit brought by the property owners.
A federal judge in Massachusetts ruled that, while it was too soon to determine whether Nautilus Insurance Co. had a duty to indemnify Partington Builders in an underlying case, the insurer did have a duty to defend based on the possibility that its policyholder had accidentally removed trees and dirt from a property without permission.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
