Harleysville Pref. Ins. Co. v. Dude Products under Illinois law an insurance company’s duty to defend under a liability insurance policy is a fundamental bligation that a breach of that duty constitutes a repudiation of the contract, General Liability and Umbrella policy duty to defen for class action
Second Circuit held under NY law, the indemnity agreement in a contract between a contractor and subcontractor governs the priority of coverage for the contractor as an additional insured on the subcontractor’s commercial general liability policy, not clause of the policy.