Truck Ins. Exchange v. VanPort Homes, Inc.

How courts have described this case

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

• stating that an insurer is relieved of its duty to defend only if the alleged claim is “clearly not covered by the policy”
• holding 19 that when an insurer wrongfully fails to defend a subsequent settlement is presumptively reasonable and the burden is on the insurer to show otherwise because to hold otherwise would incentivize an insurer to breach its policy and discourage settlement
• an insurer's denial of coverage without explanation equated to a breach of its duty to defend
• an insurer’s denial of coverage without explanation equated to a breach of its duty to defend
• insurer is relieved of its duty to defend “if the alleged claim is clearly not covered by the policy”
• “Only if the alleged claim is clearly not covered by the policy is the insurer relieved of its duty to defend.”

Source: CourtListener parenthetical corpus (CC0).