"Affirming a ruling by U.S. District Judge Lorna Schofield of the Southern District of New York, a unanimous Second Circuit panel found that insurers Granite State Insurance Co. and National Union Fire Insurance Co. of Pittsburgh do not have to defend Texas-based gun manufacturer Primary Arms lawsuits filed by the governments of New York State and the cities of Buffalo and Rochester. The state and local governments allege that Primary Arms launched a marketing and sales scheme that helped launch a surge of gun violence in New York, according to court papers."
"The company's role in the proliferation of uncatalogued firearms and related accessories have foisted additional costs on local agencies by requiring them to redirect law enforcement resources and spending more on health care and community services, the plaintiffs claim. The parties in the suit agree that Texas law applies in the case, insofar as to determine the insurers' duty to cover Primary Arms' losses from the New York lawsuits."
Primary Arms, a Texas-based gun manufacturer, faces lawsuits from New York State and the cities of Buffalo and Rochester alleging a marketing and sales scheme that contributed to a surge in gun violence by promoting uncatalogued firearms and related accessories. Plaintiffs claim the company's role forced local agencies to redirect law enforcement resources and increase spending on health care and community services. The insurers Granite State Insurance Co. and National Union Fire Insurance Co. of Pittsburgh disputed any duty to defend under Texas law. A unanimous Second Circuit panel affirmed that, because the New York complaints allege intentional acts rather than accidental harm, the insurers have no duty to defend.
Read at www.amny.com
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