Continental Casualty Files Declaratory Judgment Action in Texas

DALLAS - Continental Casualty Co. has asked a federal judge in Dallas to determine whether it must defend and indemnify an insured contractor who hired its own attorney to defend a mold suit and waited more than a year to notify the carrier. Continental Casualty Co. v. J.M. Nicodemus & Sons Inc., No. 3:04cv2075P (N.D. Texas).

Continental is providing a defense under a reservation of rights for J.M. Nicodemus & Sons, which is defending a mold property lawsuit in Texas state court (Loeb and Loeb v. Oppel, Chubb Lloyds, et al., Nos. 02-06690, 02-00527, Texas Dist., Dallas Cty.).

Nicodemus was …