Carrier's Failure to Issue Disclaimer of Liability to Additional Insureds Can't Avoid Coverage

A federal appellate court ruled that an insurance carrier’s failure to issue notice of its disclaimer of liability to two additional insureds prevented it from relying on an exclusion to defeat demands for coverage. Case: Certain Underwriters at Lloyds, London v. Midvale Indemnity Co., No. 23-1183, 07/24/2024, unpublished. Facts: TF Decatur LLC was the owner of an eight-unit residential building. TF hired M-Tek Development LLC as the general contractor to perform construction on the building. Certain Underwriters at Lloyds, London issued a general liability insurance policy ...