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Zavala Enterprises (Zavala) owns a multi-story commercial office building in Allen, Texas. Zavala contracts with Mendick Property to manage this building for them. (If you
Zavala Enterprises (Zavala) owns a multi-story commercial office building in Allen, Texas. Zavala contracts with Mendick Property to manage this building for them. (If you are unfamiliar with what a property manager does, look it up). Zavala is the named insured under a CGL Policy issued by Utah Property & Casualty Co. with a $1M policy limit. Mendick enters into a contract with Jimmy Lambert who is the sole proprietor of a building maintenance service company. The contract requires Lambert to wash the building's windows annually. Lambert employs two full time window washers and they are assigned the task of washing the Zavala building's windows. The two window washers erect a scaffold alongside the building to reach the upper story windows. On October. 8, 2021, while washing the buildings windows, the scaffolding partially collapses and the two window washers fall to the ground and are injured. Lambert has a workers comp policy with lowa Insurance Co. Each worker makes a workers compensation claim and lowa pays the benefits the workers are entitled to under Texas Labor Law. lowa Casualty then files a premises liability lawsuit against Mendick Property alleging the property was not safe for the use of scaffolding and this was the proximate cause of the collapse and subsequent injury to the two workers. There was an insuring requirement in the Mendick-Lambert contract that required Lambert to maintain a CGL policy and that both Zavala and Mendick were to be additional insureds per a CG 20 10 11 85. lowa Casualty issued the requisite CGL policy with a $1M policy limit and it was in effect on the day of the accident. (Yes. It is both the CGL insurer and the workers comp insurer for Lambert). Mendick notifies lowa Casualty of the lawsuit filed against it and demands coverage. Answer the following: 1. Will lowa Casualty defend Medick? If so, explain why and if not, explain why not. 2. If lowa Casualty defends Mendick, will the defense costs reduce the policy limits? Why or why not? 3. How much insurance is available to Mendick Property to pay (indemnify) for the claim. Explain
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