A federal appellate court, applying Utah law, has held that an insured v. insured exclusion did not preclude a duty to defend where one insured entity had changed its name and disaffiliated from the other insured entity. Church Mut. Ins. Co. v. Ma’afu, 2016 WL 3997212 (10th Cir. July 21, 2016). The court also held that the insurer had to defend the suit notwithstanding uncertainty over whether the capacity provisions in the policy and the personal profit exclusion would ultimately operate to preclude a duty to defend.
More Posts
Related Claims Provision Does Not Conflict with Prior and Pending Litigation Exclusion
Seventh Circuit: A Breach of Contract is Not a “Negligent Act”
Insured v. Insured Exclusion Bars Coverage for Liquidation Trust’s Claim Against Insured Directors and Officers
Letter Asserting that State Government “May” Bring an Enforcement Action if Insured Did Not “Voluntarily” Cease a Particular Activity Is a Claim
Dentist’s Alleged Sexual Misconduct Not Covered Under EPL Policy
Prior Knowledge Condition Could Apply to Bar Coverage
Managed Care E&O Policy Covers Suit Alleging Unfair Competition by Competitors
A Breach of Contract is not a “Negligent Act”
Advancement When Bank Customer Had Insufficient Funds Not a “Transaction in the Nature of a Loan”
Subscribe: Subscribe via RSS
Blogs
Firm/Org