Defense Arises Where First Publication Exclusion Is Only a Possibility

(Consultant) Pelican Products Inc. v. Westport Ins. Corp., U.S.D.C. D. Kan. 2:03-CV-2636 (settled at mediation) (Insurers' reliance on first publication exclusion to bar a defense was attacked, see J. Lamb Inc., 100 Cal. App. 4th at 1038 ("An insurer may only defeat a existing potential for coverage by undisputed facts that conclusively negate such coverage.") Kansas law is in accord, Guardian Trust Co. v. American States Ins. Co., 95 -4073-SAC (1996 U.S. Dist. Lexis 13076 *29(d) Kan., July 30, 1996) wherein the court found that an insurer has a duty to defend so long as the application and exclusion is simply a possibility.)