The Eight Corners Rule: Uncertainty On Duty To Defend
April 4, 2014, 5:44 PM EDT
Law360, New York (April 4, 2014, 5:44 PM EDT) -- When determining whether there is a duty to defend allegations of property damage under a commercial general liability policy, it can matter a good deal whether a court looks only to the policy and underlying complaint or to other documents as well. Two recent federal cases from adjoining southern states demonstrate this effect.
In a Mississippi case, the CGL insurer of a construction company filed a declaratory judgment action, disputing coverage for an underlying suit. Accident Ins. Co. v. Byrd (S.D. Miss. Aug. 30, 2013), adopted...