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- Title
Connecticut Is Certain: Legal Uncertainty Triggers a Carrier's Duty to Defend.
- Authors
Rusche, Jason E.
- Abstract
Accordingly, where the allegations of the complaint in the underlying lawsuit create some factual uncertainty and there is a reasonable possibility that indemnity coverage may ultimately be available to the insured, the carrier has a duty to defend the lawsuit. Whether an insurance carrier has a duty to defend its insured in an underlying lawsuit is perhaps the most critical coverage determination of a coverage investigation and can be a highly contested issue. It must also be noted that I have not found any New York courts following this part of the court's decision.
- Subjects
CONNECTICUT; INSURED losses; INSURANCE policies; SCHOOL boards; SUPREME Court justices (U.S.)
- Publication
Brief, 2021, Vol 50, Issue 3, p44
- ISSN
0273-0995
- Publication type
Article