· 7/31/1944
Protest 21337-K of Davis
Citations
- 13 Cust. Ct. 267
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that, “[i]n contrast to the duty to defend, the duty to indemnify arises only where the insured is actually liable for harm or injury that is covered by the policy” (internal quotation marks omitted)
- a construction that requires us to disregard a provision of the policy is unreasonable, \as a matter of law\
- an agreement contained no severability provision or other explicit indicator of parties' intent about the effect if any part of the agreement was determined to be unenforceable
- “[T]he interpretation of an insurance policy is a question of law that is confined to the four corners of the policy without regard to extrinsic evidence.” (Internal quotation marks omitted.)
- “[A] proposed interpretation [that] would require [this court] to disregard any provision of the policy . . . is not reasonable, as a matter of law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keefe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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