Ronald Schiller, Michael Carlson, and Isabel Naveira López recently secured a key victory on behalf of Ironshore Specialty Insurance Co. before the U.S. Court of Appeals for the First Circuit.
A three-judge panel ruled on Aug. 25 that Ironshore, a unit of Liberty Mutual, had no duty to defend a commercial real estate loan provider in two underlying lawsuits, including a proposed class action, arising out of the eviction of residents from a Massachusetts senior care facility. The decision, which was covered by Law360, reversed a lower court’s ruling that BI 40 LLC was entitled to a defense in one of the lawsuits.
The First Circuit panel adopted arguments that our insurance coverage team made in briefing and oral arguments, ruling that the allegations did not trigger the policy’s general liability coverage and, in any event, were not based solely on the named insured’s acts, as the additional insured endorsement required.
Read Law360’s coverage of the case here.
