Elliott v. Hanover Insurance Co.

How courts have described this case

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

• holding that, even when an insurer fails to defend its insured, the policy—not the finding of tort liability—determines whether the insurance company must pay the insured
• holding that, even when an insurer fails to defend its insured, the policy—not the finding of tort liability—determines whether the insurance company must pay the insured
• “An insurer that breaches its duty to defend ... is not estopped from asserting noncoverage as a defense in a subsequent action brought by the insured or the insured’s assignee.”

Source: CourtListener parenthetical corpus (CC0).