· 3/18/2010
American Best Food v. Alea London
Citations
- 229 P.3d 693
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an insurer’s “failure to defend based upon a questionable interpretation of law was unreasonable”
- holding that a nightclub’s act of “dump[ing]” a gunshot-wounded patron out on the sidewalk contributed significantly to the patron’s injuries, triggering a duty to defend in spite of the club’s insurance policy exclusion for injuries arising from assault or battery
- explaining that any ambiguity as to coverage must be resolved in favor of the claimant
- interpreting provision excluding claims “arising out of” assault as not reaching “related” post-assault negligence
- “Again, if there is any reasonable interpretation of 14 the facts or the law that could result in coverage, the insurer must defend.”
- “... Toll Bridge did not consider an allegation that postaccident negligence by the insured caused injuries.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chambers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.