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UNIWEST CONST. v. AMTECH ELEVATOR SERVICES

Record Nos. 091495, 091496, 091521.

699 S.E.2d 223 (2010)

UNIWEST CONSTRUCTION, INC., et al. v. AMTECH ELEVATOR SERVICES, INC., n/k/a ABM Amtech, Inc., et al. Amtech Elevator Services, Inc., n/k/a ABM Amtech, Inc., et al. v. Uniwest Construction, Inc., et al. Federal Insurance Company v. Amtech Elevator Services, Inc., n/k/a ABM Amtech, Inc., et al.

Supreme Court of Virginia.

September 16, 2010.

Attorney(s) appearing for the Case

Edward W. Cameron , Fairfax ( Christopher R. Carroll ; Matthew J. Lodge ; Geoffrey S. Gavett ; Cameron/McEvoy; Carroll, McNulty & Kull; Gavett & Datt, on briefs), for Uniwest Construction, Inc., United States Fire Insurance Company, and Pennsylvania Manufacturers' Association Insurance Company.

Barbara I. Michaelides ( Agelo L. Reppas ; John D. McGavin , Fairfax; John C. Bonnie ; Howard J. Russell ; Bates & Carey; Trichilo, Bancroft McGavin, Horvath & Judkins; Weinberg, Wheeler, Hudgins, Gunn & Dial, on briefs), for Amtech Elevator Services, Inc., n/k/a ABM Amtech, Inc., ABM Industries Incorporated, and AIU Insurance Company.

Jeffrey R. Schmieler ( Alan B. Neurick ; Lisa N. Walters ; Saunders & Schmieler, on briefs), for Federal Insurance Company.

Present: HASSELL, C.J., KOONTZ, KINSER, GOODWYN, MILLETTE, and MIMS, JJ., and LACY, S.J.

Opinion by Justice WILLIAM C. MIMS.

In these companion appeals we consider whether Amtech Elevator Services, Inc., now known as ABM Amtech, Inc., ("Amtech") had a contractual duty to defend and indemnify Uniwest Construction, Inc. ("Uniwest") in an action brought against Uniwest by an injured Amtech employee and the estate of a deceased Amtech employee. We also consider whether Uniwest was insured under Amtech's insurance policies.

I. BACKGROUND AND MATERIAL...

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