McCormack Baron Management Services, Inc. v. American Guarantee & Liability Insurance Co.

How courts have described this case

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

• concluding that the insurer had a duty to defend based on the allegations of the complaint, but that the court could not determine whether the insurer had a duty to indemnify until after the facts were developed
• noting that the duty to indemnify is determined by the facts established in the underlying -4- trial
• stating that facts adduced at trial that the insurer could not have known at the outset of the case do not give rise to a duty to defend
• stating that facts adduced at trial that the insurer could not have known at the outset of the case do not give rise to a duty to defend
• explaining “[i]f the complaint merely alleges facts that give rise to a claim potentially within the policy’s coverage, the insurer has a duty to defend.”
• “Depending upon the language of the policy, once an insurer recognizes its right and duty to defend, it usually is afforded control over the litigation to protects its financial interests.”

Source: CourtListener parenthetical corpus (CC0).