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Split 11th Circuit Panel: Underlying Complaints Properly Considered In Coverage Dispute

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ATLANTA - A trial court properly looked beyond the pleadings presented in a declaratory judgment case over insurance coverage available to a contractor, an 11th Circuit U.S. Court of Appeals panel majority ruled March 14, affirming the lower court's finding that an insurer did not have a duty to defend the contractor in an underlying arbitration proceeding (American Safety Indemnity Co. v. T.H. Taylor Inc., et al., No. 11-12245, 11th Cir.; 2013 U.S. App. LEXIS 5072)....(read more)

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