Higgins v. State Farm Fire and Cas. Co.

How courts have described this case

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

• explaining that because the allegations in the complaint govern the duty to defend, “there generally is no need for a declaratory action in respect to the insurer’s obligation to defend”
• noting that “there are some natural exceptions to this [standard] where an insurer’s claim that there is no duty to defend is based on factual issues that would not normally be alleged in the underlying complaint”
• holding declaratory judgment was viable vehicle to try coverage issues, including duty to defend, and recognizing “the trial court’s exercise of discretion in allowing the declaratory action to be tried prior to the resolution of the underlying liability action”
• approving of declaratory judgment suits as a vehicle for resolving fact issues deciding the existence of insurance coverage, even if those factual issues are before the court in the underlying lawsuit
• \[A]n insurer's obligation to defend is determined solely by the claimant's complaint if suit has been filed.\
• “[A]n insurer’s obligation to defend is determined solely by the claimant’s complaint if suit has been filed.”

Source: CourtListener parenthetical corpus (CC0).