Foster v. Michigan

How courts have described this case

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

• noting that an insured has a duty to defend a lawsuit when “any of the claims against the insured arguably arise from covered events”
• holding the plaintiff in the underlying action’s “discovery demands sought information related to advertisements and are extrinsic evidence that supports interpreting the counterclaim’s allegation of ‘offering for sale’ to include a claim for damages due to advertising”
• applying New York law and holding the “interpretation of an insurance agreement is a question of law” appropriate for summary judgment
• “The duty of an insurer to defend its insured is ‘exceedingly broad’ and far more expansive than the duty to indemnify its insured.”
• “If the allegations of the complaint are even potentially within the language of the insurance policy, there is a duty to defend.”
• duty to defend attached after a counterclaim and discovery demands were served

Source: CourtListener parenthetical corpus (CC0).