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Summary Judgment: Retained Control of the Defense Despite ROR
May 20, 2014 Defense
Chris Pickett: We represented a CGL insurer who undertook the defense of its named insured for an underlying construction defect claim but was subject to an ROR for damage to the insured’s own work or product. The insured demanded independent “Peppers” counsel and filed a DJ demanding control of the […]
Chris Pickett: We represented a CGL insurer who undertook the defense of its named insured for an underlying construction defect claim but was subject to an ROR for damage to the insured’s own work or product. The insured demanded independent “Peppers” counsel and filed a DJ demanding control of the defense. We won summary judgment after establishing that the ROR did not give rise to a conflict that compromised the defense counsel’s ability or incentive to defend the case.