Defender Security Company v. First Mercury Insurance Compan

How courts have described this case

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

• holding that the insurer owed no duty to defend where the pleadings failed to allege facts placing the claims within the policy coverage
• noting that if plaintiff “eventually needed to prove that publication occurred, it should have pled sufficient facts to make that showing” in the complaint
• emphasizing “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements” cannot survive past the motion to dismiss
• using the Oxford English Dictionary to determine the meaning of a contractual term
• “After all, nothing prevents a plaintiff opposing dismissal from elaborating on the complaint or even attaching materials to an opposition brief illustrating the facts the plaintiff expects be able to prove.”
• “[A] plaintiff must provide only enough detail to give the defendant a fair notice of what the claim is and the grounds upon which it rests, and, through his allegations, show that it is plausible, rather than merely speculative, that he is entitled to relief.”

Source: CourtListener parenthetical corpus (CC0).