Carrier Can't Get Declaratory Judgment on Duty to Defend Insureds in Suit Over Comp Policy

A federal appellate court ruled that a district judge properly dismissed an insurance carrier’s request for a declaratory judgment on its duty to defend its insureds in a pending civil suit. Case: Republic Franklin Insurance Co. v. Ebensburg Insurance Agency, No. 21-2265, 06/09/2023, unpublished. Facts and procedural history: The American Builders Insurance Co. filed suit against the Ebensburg Insurance Agency and Keystone Insurers Group Inc. for breach of contract, professional negligence, negligent misrepresentation and fraudulent misrepresentation. American asserted that ...