Topic: an insurer has a duty to defend an insured whenever it asce… · Go Syfert
← All topics

Topic #8243

6 canonical passages across 3 cases, quoted by 60 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 First Bank of Turley v. Fidelity & Deposit Insurance Co. of Maryland.

#Case FlagCanonical passage Citers
1 First Bank of Turley v. Fidelity & Deposit Insurance Co. of Maryland Anchor
okla · 1996
green “an insurer has a duty to defend an insured whenever it ascertains the presence of facts that give rise to the potential of liability under the policy.” 20
2 First Bank of Turley v. Fidelity & Deposit Insurance Co. of Maryland
okla · 1996
green “the insurer's defense duty is determined on the basis of information gleaned from the petition (and other pleadings), from the insured and from other sources available to the insurer at the time the defense is demanded (or tendered) rather than by the outcome of the third-party …” 13
3 Dodson v. St. Paul Insurance Co.
okla · 1991
green “policy exclusions are read seriatim; each exclusion eliminates coverage and operates independently against the general declaration of insurance coverage and all prior exclusions by specifying other occurrences not covered by the policy.” 10
4 First Bank of Turley v. Fidelity & Deposit Insurance Co. of Maryland
okla · 1996
green “the duty to defend is separate from, and broader than, the duty to indemnify.” 8
5 Dodson v. St. Paul Insurance Co.
okla · 1991
green “in case of doubt, exclusions exempting certain specified risks are construed strictly against the insurer.” 5
6 Utica Mutual Insurance v. Voyles
ca10 · 2008
green “oklahoma does not recognize the four-corners rule followed by some courts. a court must look beyond the language of the complaint to determine whether a duty to defend exists.” 4

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