Chris Bannon Obtains Judgment for Condo Association E&O Insurer

01.15.13

Litigation attorney Christopher Bannon recently obtained summary judgment in favor of the firm’s insurer client. The court declared our client – who issued an errors and omissions liability insurance policy to a condominium association – was not required to pay for the association’s defense in an ongoing lawsuit unit owners had filed against the association. Instead, the court determined that the association’s commercial general liability insurer, whose policy provided coverage for certain claims in the lawsuit, was required to pay all defense expenses for the association. After examining the two policies’ “other insurance” provisions, the court agreed with our client’s position that its “excess” other insurance provision meant that the E&O insurance policy was not required to pay for defense expenses so long as the CGL insurer had a duty to defend the lawsuit.