Admitting that he had been too “preoccupied” with one aspect of the case when he originally decided it, a federal judge has vacated his previous opinion and issued a new version correcting that an insurer not only has no duty to defend, but also no duty to indemnify a subcontractor in an underlying contract lawsuit.

Pennsylvania National Mutual Casualty Insurance Co. filed a complaint in the U.S. District Court for the Eastern District of Virginia in June 2021 seeking a declaratory judgment that it has no duty to defend River City Roofing LLC in an underlying breach-of-contract suit in the Richmond Circuit Court.