Benedetto v. Hyatt Corp.

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 term “intentional\ and the phrase “intentional act” do not have a fixed legal meaning and can be understood to refer to conduct that is ‘accidental\ within the meaning of that term in an insurance policy
• creating an additional exception where an insured under a homeowner’s policy has successfully established an insurer’s duty to defend
• describing “traditional approach” of “prohibit[ing] recovery of attorney’s fees and expenses in a civil case in the absence of either an agreement between the parties, or a statute or rule to the contrary”
• allowing insured to recover reasonable attorneys’ fees and expenses accrued in separate third-party action that insurer refused to defend, and if insurer found to have violated its duty to defend, holding insurer liable for attorneys’ fees and expenses in civil action at bar
• where dispute with insurer concerns “duty to defend,” an award of attorney’s fees may be proper
• insurer had duty to defend insured who attacked police officer where complaint alleged injuries that were the result of “negligent, reckless, and/or wanton conduct”

Source: CourtListener parenthetical corpus (CC0).