Topic: construe the factual assertions from the perspective of the… · Go Syfert
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Topic #7098

8 canonical passages across 6 cases, quoted by 50 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 Staples v. FARMERS UNION MUTUAL INSURANCE COMPANY.

#Case FlagCanonical passage Citers
1 Staples v. FARMERS UNION MUTUAL INSURANCE COMPANY Anchor
mont · 2004
green “construe the factual assertions from the perspective of the insured.” 7
2 Staples v. FARMERS UNION MUTUAL INSURANCE COMPANY
mont · 2004
green “fundamental protective purpose of an insurance policy,” 7
3 Staples v. FARMERS UNION MUTUAL INSURANCE COMPANY
mont · 2004
green “unequivocal demonstration that the claim against an insured does not fall within the insurance policy's coverage.” 7
4 Skinner v. Allstate Insurance Co.
mont · 2005
green “where there is no duty to defend, it follows that there can be no duty to indemnify.” 7
5 State Farm Mutual Automobile Insurance v. Freyer
mont · 2013
green “arises only if coverage under the policy is actually established.” 6
6 Tidyman's Manangement Services Inc. v. Davis
mont · 2014
green “duty to defend arises when a complaint against an insured alleges facts, which if proved, would result in coverage.” 6
7 Lloyd A. Twite Family Partnership v. Unitrin Multi Line Insurance
mont · 2008
green “where a claim falls unequivocally outside the policy's coverage, however, there is nothing for the court to construe, and no reason to impose a duty to defend.” 5
8 Employers Mutual Casualty Co. v. Fisher Builders, Inc.
mont · 2016
green “1) whether the act itself was intentional, and 2) if so, whether the consequence or resulting harm stemming from the act was intended or expected from the actor's standpoint.” 5

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.

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