Gibson v. Farm Family Mutual Insurance

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 was a duty to defend against a trespass claim despite alleged intentional acts because there was a possibility that some of the alleged harms resulted from the unintended results of those acts
• stating that “the court’s authority to award attorney fees is a matter of law”
• Requiring an insured to defend and indemnify if there is the potential or possibility for liability under the policy
• providing fee awards in duty to defend cases while otherwise affirming “usual freedom to litigate without concern about the possibility of having to pay the other party’s attorneys’ fees”
• finding a duty to defend a claim exposing the insureds to damages for a loss \within the policy definition of 'property damage' resulting from an unintentional act within the policy definition of an 'occurrence' \
• duty to defend exists if there is any potential basis of recovery regardless of the actual facts on which the insured’s ultimate liability is based

Source: CourtListener parenthetical corpus (CC0).