National Mutual Insurance Company v. McMahon & Sons, Inc., a Corp., Farmers & Mechanics Mutual Fire Ins. Co.

Summary

The court reversed and remanded because the sparse stipulated record did not support deciding whether the insurer had a duty to defend or indemnify the contractor under the care, custody, and control exclusion. It approved the insurer's intervention, permitted the contractor to amend its pleadings to assert estoppel, and directed factual development concerning the exclusion, the parties' control of the property, and the insured's reasonable expectations of coverage.