City of Atlanta v. St. Paul Fire & Marine Insurance

How courts have described this case

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

• In determining the duty to pay, “the courts are not limited to looking at the complaint and the policy.” (citation omitted)
• “If the facts as alleged in the complaint even arguably bring the occurrence within the policy’s coverage, the insurer has a duty to defend the action.” (emphasis added)
• “In determining whether a party is entitled to summary judgment on the issue of indemnification, the courts are not limited to looking at the complaint and the policy.” (citation omitted)
• “[W]here the complaint filed against the insured does not assert any claims upon which there would be insurance coverage, the insurer is justified in refusing to defend the insured’s lawsuit.”
• commercial general liability policy that provided coverage for damages caused by an “event” did not cover claim allegedly arising out of intentional trespass because such a trespass was not an “event,” which the policy defined as “an accident”
• duty to defend and duty to indemnify are separate and independent obligations

Source: CourtListener parenthetical corpus (CC0).