Travelers Casualty & Surety Co. of America v. Netherlands Ins. Co.

Summary

The court affirmed a declaratory judgment requiring Netherlands to defend Lombardo and pay its pro rata share of defense costs. It held that Travelers had standing to seek a declaration regarding insurers’ relative defense obligations, that the underlying complaint alleged property damage during Netherlands’ policy periods, and that the known-injury exclusion did not eliminate the duty to defend under the complaint’s allegations. The court also upheld the 144-month allocation period, the denial of a late amendment asserting unclean hands, and the refusal to review an unpreserved evidentiary claim.