Fire Insurance Exchange v. Estate of Therkelsen

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 duty to indemnify and the duty to defend both arise solely under the insurance contract
• finding that in cases where the insurer’s duty is based on the allegations in the complaint “extrinsic evidence ... is wholly irrelevant”
• \[WJhether extrinsic evidence is admissible to determine whether an insurer has a duty to defend an insured turns on the parties' contractual terms.\
• “The test is whether the complaint alleges a risk within the coverage of the policy.” (internal citation omitted)
• “[Q]uite often an insurer is faced with a dilemma as to whether to defend or refuse to defend. . . . [I]n cases of doubt, the insurer [can] (1
• “[A]n insurer’s duty to defend is broader than its duty to indemnify. Its defense duty arises when the insurer ascertains facts giving rise to potential liability under the insurance policy.”

Source: CourtListener parenthetical corpus (CC0).