American States Insurance v. National Cycle, Inc.

How courts have described this case

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

• no estoppel under Peppers where the insured’s personal attorney continued to actively represent it even after the insurer’s counsel appeared on its behalf
• affidavit, even though unopposed, did \not create a question of [material] fact\ where the affidavit conflicted with judicial admission in the defendant's answer to the plaintiff's complaint
• affidavit, even though unopposed, did “not create a question of [material] fact” where the affidavit conflicted with judicial admission in the defendant’s answer to the plaintiff’s complaint
• “In the absence of a nonwaiver agreement, commonly referred to as a ‘reservation of rights,’ an insurer waives all questions of policy coverage when it assumes an insured’s defense.”
• “National Cycle does not complain that plaintiff’s representation was defective in any way.”
• the insurer sought a declaration that it had no duty to defend or indemnify the insured for claims arising out of a motorcycle accident due to the insured’s failure to provide timely notice of such claims

Source: CourtListener parenthetical corpus (CC0).