Themis statue on a lawyer's desk Mattress Firm Inc. filed the underlying suit against Colliers and a Colliers’ employee, alleging they had operated a multi-year, multistate fraud scheme in which Colliers steered Mattress Firm towards more expensive real estate deals in exchange for kickbacks from developers. (Credit: zolnierek –

Whether an insurer has a duty to defend arises in almost every liability insurance claim. A less common question is when the duty ends. Judge Sarah E. Geraghty of the U.S. District Court for the Northern District of Georgia addressed this issue in a recent summary judgment decision, finding Maxum Indemnity Company’s obligation to defend its insured, Colliers International, continued until Maxum won a declaratory judgment determining that it was not required to cover Colliers’ liability.

Out like a light

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