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While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an insurer to do more. In Alabama, a failure of the underlying complaint to allege damages falling within the policy’s terms is not necessarily fatal to coverage – if there are facts provable by admissible evidence to place the loss within coverage.
The U.S. District Court for the Southern District of Alabama recently examined Alabama’s broadened duty to defend standard in
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On November 20, 2020, the Superior Court of Delaware confirmed that coverage denials that rely on plain policy language outlined in an automobile insurance policy’s Insuring Agreement, as opposed to a policy exclusion, are more likely to be upheld in underinsured/uninsured motorist claims. In
Michael Ruiz, Tammy Irizarry, Individually and as Next Friend of G.I. v. State Farm Fire & Casualty Company and Hartford Underwriters Insurance Company, C.A. NO.: S19C-07-024, (Del. Super. November 19, 2020)., the Court enforced the plain language of the applicable automobile insurance policy when determining that underinsured motorist (UIM) coverage was not available to members of a household shared with an unrelated insured.