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Successful defense of CGL Insurance Company in Gun Litigation
Michael P. Kandler successfully defended a commercial general liability insurance carrier in a third-party action brought by a gun distributor in the NAACP gun litigation in the United States District Court for the Eastern Division of New York. The gun distributor sought coverage under a CGL policy, claiming that the underlying “public nuisance” action by the NAACP against manufacturers and distributers of handguns triggered a duty to defend and indemnify under the policy. After motions for summary judgment were filed, Judge Weinstein certified the question of whether a duty to defend was owed to the Second Circuit. NAACP v. Acusport Corp., 253 F.Supp.2d 459 (EDNY, March 28, 2003).
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