Ment Bros. Iron Works Co., Inc v. Interstate Fire and Casualty Co., No. 11-2596 (2d Cir. 2012)Annotate this Case
This declaratory judgment action involved a dispute over liability insurance coverage for property damage alleged to have been caused by the policyholder during construction of a residential building. The policyholder filed suit against Interstate seeking a declaration that its insurer was obligated to defend and indemnify. The district court ruled that the property was a "residential property" construction but not an "apartment" at the time the damage occurred and thus, the policyholder had no coverage. Because the court concluded that the property was an apartment building as defined by the insurance policy when the damage occurred, the court held that the policyholder was covered by the policy and therefore reversed the judgment of the district court.