· 7/15/2003
Westfield Insurance Co. v. Tech Dry, Inc. Gayle Williamson
Citations
- 336 F.3d 503
- 20 I.E.R. Cas. (BNA) 291
- 2003 U.S. App. LEXIS 14122
- 2003 WL 21658626
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an employer’s negligence in hiring and retaining an employee who caused a customer’s death was an accident and thus an occurrence under the employer’s insurance policy
- stating that even though state trial court decision is not binding, “this court may give weight to the decision of a trial court in determining what is the controlling law” of a particular state
- finding that coverage extended to the insured’s negligent hiring of the intentional tortfeasor
- “[A] court should determine . . . whether an insurance company has a duty to defend its insured by comparing the allegations in the underlying complaint with the terms of the insurance policy.”
- “Under Kentucky law, a court should determine at the outset of litigation whether an insurance company has a duty to defend its insured by comparing the allegations in the underlying complaint with the terms of the insurance policy.”
- interpreting accident and occurrence in tandem
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Gibbons, Schwarzer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.