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Indiana Supreme Court Denies Transfer of Case Holding that Insurer Has No Duty to Defend Additional Insured Until Named Insured Satisfies Self-Insured Retention - Insurance Coverage

Insurance Coverage


Posted on: Dec 6, 2017

By Richard K. Shoultz and Michael R. Giordano, both of Lewis Wagner LLP

On October 12, 2017, the Indiana Supreme Court denied transfer in Walsh Constr. v. Zurich Am. Ins. Co., 72 N.E.3d 957 (Ind. Ct. App. 2017), a case in which the Indiana Court of Appeals held, as a matter of first impression, that an insurer has no obligation to defend or indemnify an additional insured unless and until the named insured satisfies the self-insured retention ("SIR") under its commercial general liability ("CGL") policy.

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