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· 8/8/2007

Newnam Manufacturing, Inc. v. Transcontinental Insurance Co.

Citations

  • 871 N.E.2d 396
  • 2007 Ind. App. LEXIS 1737
  • 2007 WL 2257642

How courts have described this case

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

  • an insurer's duty to defend is based on the complaint allegations and \those facts known or ascertainable by the insurer after reasonable investigation\
  • “If the pleadings reveal that a claim is clearly excluded under the policy, then no defense is required.” (citing Liberty Mut. Ins. 6 No. 21-1538 Co. v. OSI Indus., Inc., 831 N.E.2d 192, 198 (Ind. Ct. App. 2005))
  • “The law in this jurisdiction is well settled that where an insurer’s independent investigation of the facts underlying a complaint against its insured reveals a claim patently outside of the risks covered by the policy, the insurer may properly refuse to defend.”
  • also considering what reasonable investigation would reveal

Source: CourtListener parenthetical corpus (CC0).

Judges: Mathias, Najam, Sullivan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.