Panel: Insured Never Requested Coverage, Insurer’s Duty To Defend Not Triggered

Mealey's (June 6, 2022, 9:46 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on June 2 affirmed a lower federal court’s grant of summary judgment in favor of an insurer in a third-party beneficiary’s breach of contract lawsuit seeking coverage for an underlying $1,627,541.35 personal injury judgment against the insured, finding that the insurer's duty to defend was never triggered because the insured never sought coverage or requested a defense....