5th Circ. Finds Insurer Must Defend Roofing Co. In $5M Suit


PUBLISHED ON: January 11, 2022

A Fifth Circuit panel on Tuesday found insurer Employers Mutual Casualty Co. must defend a roof manufacturer in a more than $5 million property damage lawsuit in New York, reversing a Texas federal judge's "overly narrow" ruling that released the insurer from any obligation.

In a per curiam published opinion, a three-judge panel agreed with Siplast Inc. that EMC must defend it against claims its roof caused property damage to an Archdiocese of New York school in the Bronx when water leaked through it.

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Siplast is represented by Christopher A. Thompson and Brett D. Kutnick of Jackson Walker LLP, and Steven J. Pudell and Christina Yousef of Anderson Kill PC.