· 3/4/2003
Auto Europe, LLC v. Connecticut Indemnity Co.
Citations
- 321 F.3d 60
- 2003 U.S. App. LEXIS 3829
- 2003 WL 721789
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the potential for coverage existed at the time [insurer] refused to defend [insured]. The duty to defend was therefore clear’ and, accordingly, the district court properly awarded attorney’s fees”
- stating that “even if a jury rejected the ... plaintiffs’ precise theory deliberate misrepresentation, they would retain the possibility of recovery ...”
- explaining that “a narrow reading of the complaint’s factual allegations might preclude coverage, but the alleged cause of action is sufficiently broad that a modified version of the facts could be developed at trial to show liability.”
- no duty to defend “when the cause of action alleged as the basis for liability ... include[s] elements that would foreclose coverage”
- “Maine law . . . broadly extends the duty to defend to claims that could be developed either legally or factually at trial so as to fall within the policy's coverage”
- “a policy covering numerous related companies located in different states would be deemed a multiple risk policy that . . . would be viewed in a particular case as if a separate policy had been issued to cover each entity.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Coffin, Campbell
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.