First Newton National Bank v. General Casualty Co. of Wisconsin

How courts have described this case

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

• holding that there is an accident if the insured “does not expect or intend both it and some injury”
• holding that there is an accident if the insured \does not expect or intend both it and some injury\
• recognizing majority rule that “when an action against an insured involves both covered and noncovered claims, the insurer is liable for recovery of damages on only the covered claims but has a duty to defend the entire action”
• affirming district court’s determination that policies were triggered where the underlying petition alleged that damage was sustained during the policy period
• giving policy terms their literal, ordinary meaning and noting that an alternate construction “would rob the insured of the very coverage he assumed he was getting” (citation and internal quotation marks omitted)
• \[t]he very definition of 'negligent misrepresentation' connotes negligent rather than intentional conduct.... '[W]here a complaint is framed in terms of an insured's negligence ... there is a duty to defend.'\

Source: CourtListener parenthetical corpus (CC0).