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· 4/14/1997

Bruceton Bank v. United States Fidelity & Guaranty Insurance

Citations

  • 486 S.E.2d 19
  • 199 W. Va. 548
  • 1997 W. Va. LEXIS 67

How courts have described this case

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

  • holding that insurer’s duty to defend is governed by whether allegations of complaint are reasonably susceptible of interpretation that claim is covered by policy terms
  • finding that, despite negligence claim, the nature of the complaint was breach of contract in part because “the damages claimed by the [underlying plaintiff] more appropriately had their origin in contract, rather than in tort”
  • reasoning that “[t]he mandate of Hutzler to ‘conduct a reasonable inquiry into the facts’ behind the allegations of the complaint . . . effectively constitute[s] an overstatement of the [] standard set forth in Leeber and Pitrolo
  • “[I]ncluded in the consideration of whether the insurer has a duty to defend is whether the allegations in the complaint . . . are reasonably susceptible of an interpretation that the claim may be covered by the terms of the insurance policies.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McHUGH

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.