· 4/6/1994
Terre Haute First National Bank v. Pacific Employers Insurance Co.
Citations
- 634 N.E.2d 1336
- 1994 WL 152305
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding bank’s negligent administration of a guardianship was “professional relationship,” not an “accident”
- finding a claim for the bank's negligence and breach of fiduciary duty in acting as plaintiff's guardian was not covered as an accident or occurrence under a liability insurance policy
- “[T]he insurer’s duty to defend is determined from the allegations of the complaint and from those facts known to or ascertainable by the insurer after reasonable investigation.”
- “‘Insurance policies are contracts between private parties; we cannot rewrite the policy nor make a new or different policy, but must enforce the terms of the policy as agreed upon by the parties.’”
- insured asserting estoppel must establish prejudice
Source: CourtListener parenthetical corpus (CC0).
Judges: Najam, Robertson, Garrard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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