Insurance company released from duty to defend under liability insurance policy

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MANION, Circuit Judge – 7th Circuit

RLI Insurance Company (“RLI”) filed a declaratory judgment action seeking a determination of its obligation, if any, to defend Conseco, Inc., and various individual defendants (collectively “Conseco”) under a liability insurance policy RLI issued to Conseco. The district court entered summary judgment in favor of RLI concluding that RLI was released from any duty to defend and entitled to indemnification. Conseco appeals.

Conclusion (slip op. at 16): The district court did not err in its interpretation of the Supplemental Agreement because there was no latent ambiguity. Moreover, RLI did not have a duty to defend Conseco in Russell because Russell was a “claim for coverage . . . in any way related to . . . the Securities action.” Therefore, RLI was entitled to indemnification and reimbursement. Finally, Conseco waived its “mend the hold” challenge to the district court’s denial of its breach of good faith and fair dealing claim. We affirm.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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