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Fifth Circuit Challenges Defense Denial From Broad Exclusionary Language
David Gauntlett David Gauntlett

Fifth Circuit Challenges Defense Denial From Broad Exclusionary Language

Different jurisdictions apply different standards when evaluating an insurer’s duty to defend claims based on the underlying factual allegations. However, where policy language and exclusions cannot eviscerate all potential coverage, the duty to defend is still triggered. A recent Fifth Circuit of Appeals case challenges a District Court’s ruling that found no duty to defend based on a broad reading of an “occurrence” definition against intentional conduct, while not addressing allegations that otherwise fell within the policy language.

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