Nautilus Ins. Co. v. K. Smith Builders, Ltd.

How courts have described this case

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

• reviewing cases examining impact of severability clause on exclusions pertaining to “any insured” and applying majority rule that severability clause has no impact on such exclusions
• finding under a similarly broad exclusion that there was no duty to defend, notwithstanding a separation of insureds provision
• finding under a similarly broad exclusion that there was no duty to defend, notwithstanding a separation of insureds provision
• “Under the minority [view], the two phrases are treated indistinguishably—that is, like ‘the insured,’ ‘any insured’ is interpreted as if it encompasses only the particular insured seeking coverage.”
• “To give full effect to the terms of the Policy, the court must interpret an exclusion barring coverage to ‘any insured’ differently from an exclusion barring coverage to ‘the insured.’”

Source: CourtListener parenthetical corpus (CC0).