Federal Case

How courts have described this case

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

• explaining that “other insurance” clauses “apply only when the coverage is concurrent[, and] [w]here . . . the polic[y] periods did not overlap at all, such clauses are not applicable”
• explaining that “other insurance” clauses “apply only when the coverage is concurrent[, and] [w]here . . . the polic[y] periods did not overlap at all, such clauses are not applicable”
• relying on Ames and ruling that once an insurer is shown to have breached its duty to defend, the remedy of the breach is that it should share equally in the costs of defending the insured
• “If there is any chance that [the patient’s] claim even arguably developed during the [insurer’s] policy period, [the insurer] had a duty to defend.”
• “[B]y breaching its duty to defend an insurer waives any opportunity to litigate whether the underlying events occurred within the policy period . . ..”

Source: CourtListener parenthetical corpus (CC0).