Locked Out – Excess Insurer Can’t Break Into Underlying Claims

ProBuild Holdings, Inc. et al. v. Granite State Insurance Company et al.

 

The plaintiff-insured is a supplier of residential and commercial building materials and was sued many times over for providing Chinese-manufactured drywall to a number of builders and homeowners. Extensive discovery was conducting in the underlying litigation which the plaintiff ultimately resolved via two massive settlements. The plaintiff brought this suit against its primary and excess insurers seeking indemnification for a portion of the settlement costs and its defense costs.

In that litigation, …

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