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· 3/21/2006

Century 21, Inc., D/b/a/ Century 21 Department Stores, LLC v. Diamond State Insurance Company, Docket No. 04-3362-Cv

Citations

  • 442 F.3d 79
  • 78 U.S.P.Q. 2d (BNA) 1316
  • 2006 U.S. App. LEXIS 6910

How courts have described this case

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

  • concluding that the “duty to defend will not be imposed through a strained, implausible reading of the complaint”
  • holding that insurer had duty to defend insured “unless and until there [was] a point” at which, “with certainty,” alleged injury “exclude[d] any issue relating to [insured’s] conduct in the course of advertising[]”
  • “[TJhis is not to say an obligation to defend necessarily continues through resolution of the underlying claim.”
  • “The ‘exceedingly broad’ contours of an insurer’s duty to defend have been articulated clearly and repeatedly by the New York Court of Appeals.” (citation omitted)
  • “In determining whether a duty to defend exists, courts are to “compare the allegations of the complaint to the terms of the policy.’”
  • “The ‘exceedingly broad’ contours of an insurer’s duty to defend have been articulated clearly and repeatedly by the New York Court of Appeals.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Straub, Hall, Kaplan

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.