Wilson v. Dias

How courts have described this case

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

• concluding prejudice was shown where “the best physical evidence was available to only one side but not the other because of an unreasonable failure to provide notice”
• finding that a duty to indemnify claim was ripe when “the determination that [the insurer] has no duty to indemnify [the insured] arises from the same determinations that conclude it has no duty to defend [the insured].”
• “Since the duty to defend is a purely contrac- tual obligation, ... parties to an insurance contract may modify the duty to defend.”
• “There is no per se rule, however, that all declaratory judgment actions brought to establish a duty to indemnify are premature during the pendency of an underlying action.”
• \An insurer's duty to defend its insured is a contractual obligation.\

Source: CourtListener parenthetical corpus (CC0).