Continental Casualty Co. v. Amerisure Insurance Co., No. 17-1149 (4th Cir. 2018)Annotate this Case
At issue in this appeal was whether claims in an underlying personal injury suit against two contractors were covered under policies issued by Amerisure, in which the contractors were additional insureds. The Fourth Circuit affirmed the district court's judgment that Amerisure improperly relied on a policy exclusion to avoid its duty to defend, and that Amerisure was liable under the terms of its policies to pay the full cost of the settlement plus prejudgment interest. The court vacated the district court's judgment with respect to defense fees and costs, and held that Amerisure was liable for the full amount of those fees and costs because Continental did not have an independent duty to defend in the underlying lawsuit.