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· 7/1/2010

Santa's Best Craft, LLC v. St. Paul Fire & Marine Insurance

Citations

  • 611 F.3d 339
  • 95 U.S.P.Q. 2d (BNA) 1778
  • 2010 U.S. App. LEXIS 13470

How courts have described this case

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

  • holding that if “[n]o party raises a choice of law issue,” the court “appl[ies] the law of the forum state”
  • noting that the court’s inquiry on a duty to defend claim “is based on the allegations in the complaint, not the legal labels attached to them”
  • noting that the court’s inquiry on a duty to defend claim “is based on the allegations in the complaint, not the legal labels attached to them”
  • noting that under Illi- nois law, “[i]nsurers have the burden of proving that an exclusion ap- plies,” while insureds “have the burden to prove that an exception to an exclusion restores coverage”
  • explaining that Illinois courts “give little weight to the legal label that characterizes the underlying allegations” but “[i]nstead [] determine whether the alleged conduct arguably falls within at least one of the categories of wrongdoing listed in the policy”
  • finding no breach of the duty to defend because the insurer timely filed a cross- motion and counterclaim seeking a declaration that it did not have a duty to defend

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Flaum, Evans

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.