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· 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 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.