Topic: a defense obligation may be avoided only where there is 'no… · Go Syfert
← All topics

Topic #20622

6 canonical passages across 4 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Century 21, Inc., D/b/a/ Century 21 Department Stores, LLC v. Diamond State Insurance Company, Docket No. 04-3362-Cv.

#Case FlagCanonical passage Citers
1 Century 21, Inc., D/b/a/ Century 21 Department Stores, LLC v. Diamond State Insurance Company, Docket No. 04-3362-Cv Anchor
ca2 · 2006
green “a defense obligation may be avoided only where there is 'no possible factual or legal basis' on which an insurer's duty to indemnify under any provision of the policy could be held to attach.” 5
2 A. Meyers & Sons Corp. v. Zurich American Insurance Group
ny · 1989
green “if the facts alleged raise a reasonable possibility that the insured may be held liable for some act or omission, then the insurer must defend.” 3
3 Atlantic Mutual Insurance v. Terk Technologies Corp.
nyappdiv · 2003
green “the duty of an insurer to provide a defense for its insured is distinct from, and far broader than, its duty to indemnify.” 3
4 Atlantic Mutual Insurance v. Terk Technologies Corp.
nyappdiv · 2003
green “an insurer's duty to defend is triggered whenever allegations set forth in a complaint state a cause of action that gives rise to a reasonable possibility of recovery under the policy.” 3
5 Atlantic Mutual Insurance v. Terk Technologies Corp.
nyappdiv · 2003
green “conversely, if the allegations interposed in the underlying complaint allow for no interpretation which brings them within the policy provisions, then no duty to defend exists.” 3
6 GRE Insurance Group v. GMA Accessories, Inc.
nysupct · 1998
green “an insurer must defend against an entire action even if only one claim potentially falls within the indemnity coverage of the policy.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check