Capital City Real Estate v. Certain Underwriters at Lloyd's London, No. 14-1239 (4th Cir. 2015)
Annotate this CaseCapital City filed suit against Underwriters, seeking a declaration that Underwriters were obligated to defend and indemnify it against a negligence suit. The district court granted summary judgment in favor of Underwriters. The court concluded, however, that the plain language of the Endorsement to the policy creates a duty to defend Capital City where Capital City is being held liable for the acts or omissions of a subcontractor; the allegations in the underlying complaint create a potentiality of coverage; and therefore, the court vacated the district court’s order granting summary judgment to the Underwriters and remanded for further proceedings.
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