Gulf Chemical & Metallurgical Corp. v. Associated Metals & Minerals Corp.

How courts have described this case

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

• holding that the insurer's duty to defend is not diminished by the fact that the insured was without coverage during part of the relevant period
• holding that relevant question in applying “expected or intended” exclusion is whether the injury which forms the basis of the claim is expected or intended by the insured
• holding that the \insured must bear its share of those [defense] costs determined by the fraction of the time of injurious exposure in which it lacked coverage\
• holding that the “insured must bear its share of those [defense] costs determined by the fraction of the time of injurious exposure in which it lacked coverage”
• holding that relevant question in applying “expected or intended” exclusion is whether the injury which forms the basis of the claim is expected or intended by the insured
• adopting pro rata allocation in the first instance and distinguishing cases that adopted joint and several liability on the ground that they “coneern[ed] multiple claims arising from a single incident”

Source: CourtListener parenthetical corpus (CC0).