Oregon Supreme Court· 7/29/1994
Ledford v. Gutoski
Citations
- 877 P.2d 80
- 319 Or. 397
- 1994 Ore. LEXIS 69
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[injuries resulting from intentional acts are excluded from insurance coverage when the insured intended to cause the particular injury or harm, as opposed to merely intending the act”
- explaining that the duty to defend is determined by comparing the allegations in the complaint to the terms in the policy
- explaining that the duty to defend is determined by comparing the allegations in the complaint to the terms in the policy
- noting that, where an insurer does not have a duty to defend based on the facts alleged in the complaint, it may still be possible to demonstrate a duty to indemnify based on the facts proven at trial
- relying on an affidavit in the summary judgment record to resolve a fact not adjudicated in the underlying proceeding
- insurer should be able to determine from face of complaint whether to accept tender of defense of action
Source: CourtListener parenthetical corpus (CC0).
Judges: Unis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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