· 7/26/2007
Woo v. Fireman's Fund Ins. Co.
Citations
- 164 P.3d 454
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing duty to defend when claims against the insured are conceivably covered
- noting that the insurer’s burden in a duty to defend case is “to determine if there are any facts in the pleadings that could conceivably give rise to a duty to defend” (emphasis added) (citation omitted)
- recognizing duty to defend when claims against the insured are conceivably covered
- noting the insurer may 14 rely on extrinsic facts to trigger, but not to deny, its duty to defend
- duty to indemnify 4 “hinges on the insured’s actual liability to the claimant and actual coverage under the policy”
- \The insurer may not rely on facts extrinsic to the complaint to deny the duty to defend—it may do so only to trigger the duty.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Fairhurst
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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