· 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 CourtListenerSourced 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.