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· 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 CourtListener

Sourced 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.