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Insurance Claim – Duty to Defend

By: Derek Hawkins//October 19, 2020//

Insurance Claim – Duty to Defend

By: Derek Hawkins//October 19, 2020//

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7th Circuit Court of Appeals

Case Name: Scottsdale Insurance Company v. Columbia Insurance Group, Inc.,

Case No.: 19-3315

Officials: MANION, KANNE, and WOOD Circuit Judges.

Focus: Insurance Claim – Duty to Defend

While performing HVAC work at a construction site in Chicago, Eduardo Guzman fell approximately 22 feet through an unguarded opening in the second floor, sustaining serious injuries. Guzman sued Rockwell Properties (the owner), Prairie Management & Development (the manager), and others in state court.

The issue before us is whether Columbia Insurance Group (Guzman’s employers’ insurer) owes a duty to defend Rockwell and Prairie. Scottsdale Insurance Company (Rockwell’s insurer) wants Columbia to take over the defense. The district court granted Scottsdale judgment on the pleadings, declaring Columbia has a duty to defend Rockwell and Prairie, and ordering Columbia to reimburse prior defense costs. We affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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