Vigilant Insurance Company v. Luppino

How courts have described this case

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

• holding that cause of action arising from insurer’s breach of duty to indemnify did not accrue until a judgment was rendered against the insured.
• “An insured should be allowed to expect the insurer to step in and cure its breach so long as the underlying action is continuing”
• “An insurer’s obligation to defend is contractual, and, therefore, a cause of action for breach of the duty to defend sounds in contract”
• “An insurer’s obligation to defend is contractual, and, therefore, a cause of action for breach of the duty to defend sounds in contract.”
• \[Aln insured should be allowed to expect the insurer to step in and cure its breach so long as the underlying action is continuing.\
• “Generally, a cause of action for breach of a contract accrues, and the statute of limitations begins to run, when the plaintiff knows or should have known of the breach.”

Source: CourtListener parenthetical corpus (CC0).