Cadwallader v. New Amsterdam Casualty Co.

How courts have described this case

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

• distinguishing Wilson v. Maryland Casualty Co., 377 Pa. 588, 105 A.2d 304 (1954)
• if amendment could possibly establish a cause of action, there is a duty to defend
• same, quoting Lee v. Aetna Cas. and Sur. Co., 178 F.2d 750, 753 (2d Cir.1949) (L. Hand, C.J.)
• where a claim is potentially within the scope of an insurance policy, the insurer who refuses to defend at the outset does so at its own peril
• \if there be any ambiguity in the contract of insurance it must be resolved in favor of the insured since it was the insurer who wrote the contract \ (emphasis added)
• same, quoting Lee v. Aetna Cas. and Sur. Co., 178 F.2d 750, 753 (2d Cir.1949) (L. Hand, C.J.)

Source: CourtListener parenthetical corpus (CC0).