Let all doubt subside
By David Scheidemantle
Let all doubt subside

“Our construction-industry client was sued as a result of an accident in which a construction worker lost his life.  The insurance company denied coverage based on a subsidence exclusion in the policy.  We first obtained a defense for our client under another party’s insurance policy under which our client was an additional insured.  Then, we sued our client’s insurance company.  After playing rope-a-dope, we agreed to stay the coverage action based on the insurance company’s agreement to participate in good faith in mediation of the underlying action.  It did, paying the full policy limits to settle the action as against our client.”

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