Brohawn v. Transamerica Insurance

How courts have described this case

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

• ruling that insurer can seek declaratory judgment on coverage issue prior to trial involving its insured only where coverage issue is “independent and separable”
• concluding that “it is inappropriate to grant a declaratory judgment... under the Uniform Declaratory Judgment Act, [Md. Code Cts, and Jud, Proc, § 3-409.]”
• holding that liability insurer had duty to defend insured against complaint that alleged intentional tort and negligence in the alternative even when policy excluded coverage for intentional torts
• holding that liability insurer had duty to defend insured against complaint that alleged intentional tort and negligence in the alternative even when policy -15- 15 excluded coverage for intentional torts
• holding that, ordinarily, when the question to be resolved in the declaratory judgment action will be decided in a pending tort action, it is inappropriate to grant a declaratory judgment and doing so “would constitute an abuse of discretion”
• stating that “the promise to defend the insured, as well as the promise to indemnify, is the consideration received by the insured for payment of the policy premiums”

Source: CourtListener parenthetical corpus (CC0).