Insurer Has No Duty To Defend Insured In Contamination Suit Under Umbrella Policies

Mealey's (September 26, 2022, 2:19 PM EDT) -- NEW YORK — A New York federal judge on Sept. 23 granted one insurer’s motion for summary judgment and denied a second insurer’s motion for summary judgment in an environmental contamination coverage suit after determining that the first insurer has no duty to defend under its umbrella liability policies because coverage would have been afforded under the primary policies but for the insured’s late notice and after determining that a question of fact exist as to whether the insured provided timely notice to the second insurer....