Schulz wins Summary Judgment on Insurer’s Duty to Defend

August 9, 2023

The firm represents the plaintiff against an insurer which denied a defense to its insured in an underlying construction defect case. Plaintiff obtained a judgment against the insured and filed suit against the insurer as a judgment creditor and as an assignee of the insured’s rights against the carrier. Plaintiff and the insurer filed cross-motions, plaintiff seeking summary adjudication on the insurers’ duty to defend and the insurer seeking summary judgment on the entire action. Following Peter Schulz's extensive oral argument the court granted plaintiff’s motion finding that based on the evidence available to the insurer there was a potential for coverage and the insurer had a duty to defend. 

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