· 2/10/1981
C. H. Heist Caribe Corporation v. American Home Assurance Company
Citations
- 640 F.2d 479
- 1981 U.S. App. LEXIS 20299
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “district court was correct in granting summary judgment on this issue by resolving the ambiguity” against the insurer
- stating that the duty to defend arises whenever the allegations in the complaint in an underlying litigation state a claim to which the insurance policy potentially applies
- the factual allegations of complaint must be reviewed to determine whether terms of policy potentially apply
- “[A]n insurer’s obligation to defend an action against the insured is not necessarily coextensive with its obligation to indemnify the insured.”
- duty to defend comes into play if the allegations of the complaint state on their face a claim which potentially applies
- \the factual allegations of [the] complaint against [the insured] are controlling.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons, Rosenn, Seitz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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