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· 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 CourtListener

Sourced 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.