J.B.D. Construction, Inc. v. Mid-Continent Casualty Company

FULLER, District Judge:

This case involves an insurance coverage dispute between Mid-Continent Casualty Company (“MCC”) and its insured, J.B.D. Construction, Inc. (“J.B.D.”). On cross-motions for summary judgment, the district court found that MCC had neither a duty to defend nor a duty to indemnify J.B.D. in an underlying defective construction suit brought by Sun City Center Community Association, Inc. (“Sun City”). J.B.D. appeals the district court’s ruling, arguing that MCC breached its contractual duty to defend by failing to appoint counsel and to pay investigative fees and that MCC is…