Benjamin v. Amica Mutual Insurance Co.

How courts have described this case

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

• stating that when some claims are covered and others are not, the insurer must provide a defense on the entire suit, at least until all covered claims are eliminated from the suit
• “The test is whether the complaint alleges a risk within the coverage of the policy.” (internal quotation marks omitted)
• insurer was required to defend lawsuits alleging sexual assault and negligent infliction of emotional distress in the alternative
• “Like the duty to defend, the duty to indemnify is tied to the existence of covered claims.”
• “Generally, insurance policies are subject to the same rules of interpretation as other contracts.”

Source: CourtListener parenthetical corpus (CC0).