Kotula Achieves Summary Judgment Dismissing Claims for Defense and Indemnity

July 13, 2021 | Insurance Coverage

On July 13, 2021, the New Jersey Appellate Division affirmed an award of summary judgment in favor of our client, Interstate Fire & Casualty.  The judgment dismissed claims for defense and indemnity in the American Properties construction defect coverage action.

The action involved underlying claims concerning 192 residential units in six buildings and common areas, on the basis that the Pre-Existing Damage Exclusion and the EIFS Exclusion barred coverage under an insurer client’s primary policies issued to a developer/sponsor. First Specialty Ins. Co. v. Interstate Fire & Cas. Co., Docket No. A-3791-19 (N.J. Super. App. Div. July 13, 2021).

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  • Michael A. Kotula

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