Hogan v. Midland National Insurance

How courts have described this case

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

• stating the insurer is not bound “as to issues not necessarily adjudicated in the prior action and can still present any defenses not inconsistent with the judgment against the insured”
• rejecting the argument that “as the consequence of [the] wrongful refusal to defend . . . [an insurer] is liable for the entire judgment . . . and may not now deny coverage as to certain items of damage”
• irregular lumber cut with defective saw — saw manufacturer’s insurer liable for damages occuring prior to discovery of defect
• insurer was hable for the entire amount of defense fees without reallocation because it did not provide “undeniable evidence of the alloeability of specific expenses”
• irregular lumber cut with defective saw—saw manufacturer’s insurer liable for damages occurring before discovery of defect
• whatever the motivation, a deliberate and calculated act is not an accident

Source: CourtListener parenthetical corpus (CC0).