In Zurich V. Sony, Yes, There's A Duty To Defend

Law360, New York (April 3, 2014, 5:44 PM EDT) -- The recent Zurich American Insurance Co. v. Sony Corp. of America et al. decision[1] has generated much discussion. Members of the Goldberg Segalla firm published a piece supporting the decision,[2] responding to an earlier article by Roberta Anderson criticizing the decision.[3] Both articles are well reasoned and thought out, and both portend interesting appellate decisions and further debate. Here I want to take a slightly different approach, neither criticizing the decision nor supporting it, for, as explained below, under the very interpretation of the personal injury provisions advocated by the insurers and advanced by the trial court, there is, in fact, a duty to defend....

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