In the Matter of Viking Pump, Inc. and Warren Pumps, LLC, Insurance Appeals. <br />--------------------------------<br /> Viking Pump, Inc. and Warren Pumps, LLC, Appellants, TIG Insurance Company, et al., Respondents.
Holding that policy exclusions "are not to be extended by interpretation or implication but are to be accorded a strict and narrow construction" and that any ambiguity will be resolved against the insurer
Finding a duty to defend where "Defendants have failed to establish that all of the underlying bodily injury claims satisfy the time and place prerequisites of the [exclusion]"
Holding that an assault and battery exclusion precluded coverage for a suit for negligent management and supervision of an apartment building stemming from an assault committed by a third party who was not an employee of the insured
Holding that in New York “an insurer's breach of duty to defend does not create coverage and ... even in cases of negotiated settlements, there can be no duty to indemnify unless there is first a covered loss”
Holding that, where the plaintiff had not provided the defendant with notice of the new theory being asserted, "the district court did not abuse its discretion when it determined that [the new theory] was untimely"