Spruill Motors, Inc. v. Universal Underwriters Insurance

How courts have described this case

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

• recognizing a difference between attorney fees for refusal to defend and attorney fees under K.S.A. 40-256
• adopting the rule in Milliken that “an insurer must look beyond the effect of the pleadings and must consider any facts brought to its attention or any facts which it could reasonably discover in determining whether it has a duty to defend”
• “Under this policy, coverage is avoided only when an act results in an intentional injury”
• “duty to defend rests primarily on the possibility that coverage exists”; insurer has duty to defend if, based on pleadings and any reasonably discoverable facts, there is a possibility of coverage, even if remote

Source: CourtListener parenthetical corpus (CC0).