Writing for the court, Judge Ronald Lee Gilman found that even if Wehr wasn’t sued directly, the allegations in the St. Claire case centered on its conduct, and any resulting liability could still flow back to it. That was enough, the court held, to trigger Phoenix’s duty to defend. Kentucky law, the opinion noted, requires insurers to step in when there’s even a possibility that damages might fall under the policy.
Insurer must defend contractor in mold dispute, court says
- Niki Wilson
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