Liberty Surplus Insurance Corporation v. The Segal Company

How courts have described this case

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

• distinguishing between cases that seek solely to disclaim a duty to indemnify and cases that seek to disclaim both a duty to defend ánd á duty to indemnify.
• coverage dispute involved an “arguable difference of opinion” between insured and insurer, such that the insured could not recover attorneys’ fees, even where the insurance policy “unambiguous[ly]” supported the insured’s position
• coverage dispute involved an “arguable difference of opinion” between insured and insurer, such that the insured could not recover attorneys’ fees, even where the insurance policy “unambiguous[ly]” supported the insured’s position
• “While we have agreed with Segal’s position that the ERP is unambiguous and requires Liberty to indemnify Segal subject to exhaustion of the Underlying Policies, the dispute reflects an ‘arguable difference of opinion’ rather than bad faith by the insurer.”
• duty to defend not at issue

Source: CourtListener parenthetical corpus (CC0).