Law Offices Of Timothy D. McGonigle Settled Multi-Million Dollar Case After Trial Court Finding Of Duty To Defend By Insurer

Principal trial attorney Timothy D. McGonigle was retained by the insured business owner, who was sued by a hospital for multi-million dollar environmental claims under the Comprehensive Environmental Response, Compensation, and Liability Act after the hospital moved into the business’s former location. The liability carrier for the business denied the claim, claiming that the terms and conditions of its general liability policy did not provide a duty to defend and indemnify the insured for the hospital’s claims. In the business owner’s suit against the carrier for bad faith, the trial court granted the insured’s motion for summary judgment on the duty to defend. The insured reached a very favorable settlement with the carrier.