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14 California opinions name it 2 courts 1995–2017 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ringler Associates Inc. v. Maryland Casualty Co.green2 sentences2004The duty to defend exists whenever an insurer ascertains facts which give rise to the potential of liability to indemnify. ...[][] Thus, when a suit against an insured alleges a claim that potentially could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.” (Ringler Associates Inc. v. Maryland Casualty Co. (2000) 80 Cal.App.4th 1165, 1185-1186 [ 96 Cal.Rptr.2d 136 ] (Ringler).) “The obligation to defend is measured by the terms of the policy and the alleg 2004The duty to defend exists whenever an insurer ascertains facts which give rise to the potential of liability to indemnify. ...[][] Thus, when a suit against an insured alleges a claim that potentially could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.” (Ringler Associates Inc. v. Maryland Casualty Co. (2000) 80 Cal.App.4th 1165, 1185-1186 [ 96 Cal.Rptr.2d 136 ] (Ringler).) “The obligation to defend is measured by the terms of the policy and the alleg | 4 | 6 |
Borg v. Transamerica Insurancegreen2 sentences2000Co. (1996) 47 Cal.App.4th 448, 454-455 [ 54 Cal.Rptr.2d 811 ].) Equally established is that “when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.” (Borg v. Transamerica Ins. 2000Co. (1996) 47 Cal.App.4th 448, 454-455 [ 54 Cal.Rptr.2d 811 ].) Equally established is that “when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.” (Borg v. Transamerica Ins. | 3 | 3 |
Horace Mann Ins. Co. v. Barbara B.green2 sentences2014Co. v. Barbara B. (1993) 4 Cal.4th 1076, 1081 [ 17 Cal.Rptr.2d 210 , 846 P.2d 792 ].) “Thus, when a suit against an insured alleges a claim that potentially could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered. 2014Co. v. Barbara B. (1993) 4 Cal.4th 1076, 1081 [ 17 Cal.Rptr.2d 210 , 846 P.2d 792 ].) “Thus, when a suit against an insured alleges a claim that potentially could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered. | 2 | 4 |
Pardee Construction Co. v. Insurance of the Westgreen2 sentences2017Any seeming disparity in the respective burdens merely reflects the substantive law." ( Montrose I, supra , 6 Cal.4th at p. 300 , 24 Cal.Rptr.2d 467 , 861 P.2d 1153 ; Pardee , supra , 77 Cal.App.4th at p. 1351 , 92 Cal.Rptr.2d 443 [" 'when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.' "].) Under this authority, American Safety cannot show that Pulte, as its additional i 2017Any seeming disparity in the respective burdens merely reflects the substantive law." ( Montrose I, supra , 6 Cal.4th at p. 300 , 24 Cal.Rptr.2d 467 , 861 P.2d 1153 ; Pardee , supra , 77 Cal.App.4th at p. 1351 , 92 Cal.Rptr.2d 443 [" 'when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.' "].) Under this authority, American Safety cannot show that Pulte, as its additional i | 2 | 3 |
Saylin v. California Insurance Guarantee Ass'ngreen2 sentences2000Guarantee Assn. (1986) 179 Cal.App.3d 256, 263 [ 224 Cal.Rptr. 493 ]; CNA Casualty of California v. Seaboard Surety Co., supra, 176 Cal.App.3d at pp. 605-606.) Thus, when a suit against an insured alleges a claim that potentially could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered. 2000Guarantee Assn. (1986) 179 Cal.App.3d 256, 263 [ 224 Cal.Rptr. 493 ]; CNA Casualty of California v. Seaboard Surety Co., supra, 176 Cal.App.3d at pp. 605-606.) Thus, when a suit against an insured alleges a claim that potentially could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered. | 2 | 2 |
Montrose Chemical Corp. v. Superior Courtgreen2 sentences2017Any seeming disparity in the respective burdens merely reflects the substantive law." ( Montrose I, supra , 6 Cal.4th at p. 300 , 24 Cal.Rptr.2d 467 , 861 P.2d 1153 ; Pardee , supra , 77 Cal.App.4th at p. 1351 , 92 Cal.Rptr.2d 443 [" 'when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.' "].) Under this authority, American Safety cannot show that Pulte, as its additional i 2017Any seeming disparity in the respective burdens merely reflects the substantive law." ( Montrose I, supra , 6 Cal.4th at p. 300 , 24 Cal.Rptr.2d 467 , 861 P.2d 1153 ; Pardee , supra , 77 Cal.App.4th at p. 1351 , 92 Cal.Rptr.2d 443 [" 'when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.' "].) Under this authority, American Safety cannot show that Pulte, as its additional i | 1 | 4 |
Miller v. Elite Insurancegreen2 sentences2004Co. (1980) 100 Cal.App.3d 739, 753 [ 161 Cal.Rptr. 322 ] (Miller).) The policies at issue here provided that Golden Eagle would “pay those sums that the insured becomes obligated to pay as damages because of ‘bodily injury’ or ‘property damages.’ ” “Bodily injury” is defined as “bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.” “Property damage” is defined as “a. 2004Co. (1980) 100 Cal.App.3d 739, 753 [ 161 Cal.Rptr. 322 ] (Miller).) The policies at issue here provided that Golden Eagle would “pay those sums that the insured becomes obligated to pay as damages because of ‘bodily injury’ or ‘property damages.’ ” “Bodily injury” is defined as “bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.” “Property damage” is defined as “a. | 1 | 1 |
Vann v. Travelers Companiesgreen2 sentences1998Co. (1996) 47 Cal.App.4th 448, 454 [ 54 Cal.Rptr.2d 811 ].) “[W]hen a suit against an insured alleges a claim that ‘potentially’ or even ‘possibly’ could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate by reference to ‘undisputed facts’ that the claim cannot be covered. [Citations.]” (Vann v. Travelers Companies (1995) 39 Cal.App.4th 1610, 1614 [ 46 Cal.Rptr.2d 617 ].) This obligation can be excused only when the third party complaint “ ‘can by no conceivable theory raise a single issue which could bring it within the po 1998Co. (1996) 47 Cal.App.4th 448, 454 [ 54 Cal.Rptr.2d 811 ].) “[W]hen a suit against an insured alleges a claim that ‘potentially’ or even ‘possibly’ could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate by reference to ‘undisputed facts’ that the claim cannot be covered. [Citations.]” (Vann v. Travelers Companies (1995) 39 Cal.App.4th 1610, 1614 [ 46 Cal.Rptr.2d 617 ].) This obligation can be excused only when the third party complaint “ ‘can by no conceivable theory raise a single issue which could bring it within the po | 1 | 1 |
CNA Casualty of California v. Seaboard Surety Co.green2 sentences1996Guarantee Assn. (1986) 179 Cal.App.3d 256, 263 [ 224 Cal.Rptr. 493 ]; CNA Casualty of California v. Seaboard Surety Co. (1986) 176 Cal.App.3d 598, 605-606 [ 222 Cal.Rptr. 276 ].) The Supreme Court has repeatedly held that when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered. 1996Guarantee Assn. (1986) 179 Cal.App.3d 256, 263 [ 224 Cal.Rptr. 493 ]; CNA Casualty of California v. Seaboard Surety Co. (1986) 176 Cal.App.3d 598, 605-606 [ 222 Cal.Rptr. 276 ].) The Supreme Court has repeatedly held that when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Atlantic Mutual Insurance v. J. Lamb, Inc.
green
2 sentences2017Any seeming disparity in the respective burdens merely reflects the substantive law." ( Montrose I, supra , 6 Cal.4th at p. 300 , 24 Cal.Rptr.2d 467 , 861 P.2d 1153 ; Pardee , supra , 77 Cal.App.4th at p. 1351 , 92 Cal.Rptr.2d 443 [" 'when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.' "].) Under this authority, American Safety cannot show that Pulte, as its additional i 2017Any seeming disparity in the respective burdens merely reflects the substantive law." ( Montrose I, supra , 6 Cal.4th at p. 300 , 24 Cal.Rptr.2d 467 , 861 P.2d 1153 ; Pardee , supra , 77 Cal.App.4th at p. 1351 , 92 Cal.Rptr.2d 443 [" 'when a suit against an insured alleges a claim that potentially or even possibly could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to undisputed facts, that the claim cannot be covered.' "].) Under this authority, American Safety cannot show that Pulte, as its additional i | 2 | 2017–2017 |
Montrose Chemical Corp. v. Admiral Insurance
green
2 sentences1995Co. (1995) 10 Cal.4th 645 [ 42 Cal.Rptr.2d 324 , 897 P.2d 1 ] (Montrose II) that when a suit against an insured alleges a claim that “potentially” or even “possibly” could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to “undisputed facts” that the claim cannot be covered. 1995Co. (1995) 10 Cal.4th 645 [ 42 Cal.Rptr.2d 324 , 897 P.2d 1 ] (Montrose II) that when a suit against an insured alleges a claim that “potentially” or even “possibly” could subject the insured to liability for covered damages, an insurer must defend unless and until the insurer can demonstrate, by reference to “undisputed facts” that the claim cannot be covered. | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.