American Policyholders' Insurance Co. v. Cumberland Cold Storage Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “the obligation of a liability insurance company to defend an action brought against the insured by a third party is to be determined solely by the allegations contained in the complaint in that action.”
• simultaneous judgments may be appropriate when case involves such issues as nonpayment of a premium, cancellation of a policy, failure to cooperate, or lack of timely notice
• “[T]he indemnification obligation depends upon the theory under which judgment is entered in the underlying damage action.”
• “Courts have frequently observed that the duty to defend is broader than the duty to pay or indemnify”
• “... the obligation of a liability insurance company to defend an action brought against the insured by a third party is to be determined solely by the allegations contained in the complaint in that action”
• declaratory judgment may be entered simultaneously as to both the duty to defend and the duty to pay when the case is based on such issues as nonpayment of a premium, cancellation of a policy, failure to cooperate, or lack of timely notice

Source: CourtListener parenthetical corpus (CC0).