Foster v. Perkins

How courts have described this case

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

• noting that “negligent conduct” is “encompassed by a liability policy providing coverage for an ‘occurrence’ defined as an ‘accident’”
• reading -11- Mathis and Davis to “stand for the proposition that failure to perform work according to defined contractual specifications and duties . . . does not fall within the meaning of accident or occurrence”
• “ ‘A liability policy is designed to protect the insured from fortuitous injury caused by his actions. If the injury occurs because of carelessness of the insured, he reasonably expects the injury to be covered.’ ”
• “Where the insurer had the opportunity to defend the insured but wrongfully refused to do so, the insurer is precluded from relitigating any facts that actually were determined in the underlying case and were necessary to the judgment.” (internal quotation omitted)

Source: CourtListener parenthetical corpus (CC0).