· 11/15/1847
Inhabitants of Salem v. Inhabitants of Lynn
Citations
- 54 Mass. 544
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, in the context of an excess judgment, breach of the insurance contract subjects an insurer to liability for expectation and consequential damages, which may exceed the policy limits
- recognizing contract liability for breach of the duty to defend
- “Courts have 2 indemnify. The duty to indemnify provides those insured financial protection against 3 judgments, while the duty to defend protects those insured from the action itself.”
- “In Nevada, [the duty to defend] arises if facts [in a lawsuit] 18 are alleged which if proved would rise to the duty to indemnify, which then the insurer must 19 defend.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dewey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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