Court Rejects Claim that Insurer Breached Duty to Defend

BOSTON - A federal judge has ruled that an exclusion and notice provision precluded coverage for mold and defect claims against a home remodeler and absolve an insurer who refused to defend. Acadia Ins. Co. v. Peerless Ins. Co., No. 08-11682-JLT (D. Mass.).

Judge Joseph L. Tauro of the U.S. District Court for the District of Massachusetts granted Peerless Insurance Co.'s motion for partial summary judgment on its duty to defend, rejecting a similar motion by Acadia Insurance Co., which sought to recoup money spent defending their mutual insured.

Blackdog Builders Inc. was hired by Colleen O'Neal in November 2001 …