Inside Calif.'s Conflicting Take On Duty To Defend
November 30, 2012, 1:20 PM EST
Law360, New York (November 30, 2012, 1:20 PM EST) -- Whether an insurer has a duty to defend is a fact-specific inquiry, and California courts review a broader set of facts when engaging in this inquiry than many jurisdictions. But differing facts alone arguably do not explain the divergent analysis of two recent California appellate court decisions from the same appellate district applying identical policy language.
Both decisions applied California law and analyzed the availability of coverage under an advertising injury provision in a commercial general liability policy. The policy language at issue provided coverage...