• Ongoing or Completed Operations? Fifth Circuit Finds No Duty to Defend Contractor under Additional Insured Endorsement
  • March 11, 2014 | Authors: John M. Lassiter; Christopher D. Meyer
  • Law Firm: Burr & Forman LLP - Jackson Office
  • In Woodward, L.L.C. v. Acceptance Indemnity Insurance Company, WL 535726 (5th Cir. 2014), the Fifth Circuit Court of Appeals held the insurer had no duty to defend the contractor named as an additional insured under a subcontractor’s Commercial General Liability policy. The Court’s holding, based on its interpretation of “completed operations” versus “ongoing operations,” demonstrates the importance of the specific wording of the additional insured endorsement on the insurer’s duty to defend. Furthermore, in regards to Mississippi law, the Fifth Circuit’s ruling adds support to the proposition that an insurer’s duty to defend depends significantly upon the facts in the underlying complaint.