· 12/22/1997
Frontier Insulation Contractors, Inc. v. Merchants Mutual Insurance
Citations
- 690 N.E.2d 866
- 91 N.Y.2d 169
- 667 N.Y.S.2d 982
- 1997 N.Y. LEXIS 3722
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that duty to defend is triggered unless “there is no possible factual or legal basis upon which the insurer may eventually be held obligated to indemnify the insured”
- \[A]n unbroken line of cases establishes that an insurer's duty to defend is broader than its duty to indemnify.\ (citations omitted)
- “If any of the claims against the insured arguably arise from covered events, the insurer is required to defend the entire action|.|”
- “If any of the claims against the insured arguably arise from covered events, the insurer is required to defend the entire action.”
- “While the duty to defend is measured against the possibility of a recovery, the duty to pay is determined by the actual basis for the insured's liability to a third person.”
- “[A]n insurer may be contractually bound to defend even though it may not ultimately be bound to pay, either because its insured is not factually or legally liable or because the occurrence is later proven to be outside the policy’s coverage.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Titone
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.