Pension Trust Fund for Operating Engineers, Plaintiff-Appellant-Cross-Appellee v. Federal Insurance Company, Defendant-Appellee-Cross-Appellant

How courts have described this case

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

• holding that the notice-prejudice rule does not apply to claims-made- and-reported policies because, in that context, “notice is the event that actually triggers coverage”
• recognizing under California law that “a lender . . . owes a fiduciary duty to a borrower when it excessively controls or dominates the borrower”
• noting that “[a]l-though the [tendered] complaint [in CNA] included the[] allegations to support an antitrust claim, the allegations nevertheless prompted a duty to defend against piracy, libel, slander, etc.”
• noting the duty to defend claims that “may fall within policy coverage”
• “[I]n a claims-made-and-reported policy, notice [to the insurer] is the event that actually triggers coverage.”
• discussing the difference between the two policy types

Source: CourtListener parenthetical corpus (CC0).