A complaint failed to trigger a duty to defend because it failed to state any facts that could give rise to a claim covered by the policy.
February 03, 2020 at 10:57 AM
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The US Court of Appeals for the Tenth Circuit found that a plaintiff’s complaint failed to trigger a duty to defend the driver of a car in the underlying suit because the complaint failed to state any facts that could have plausibly given rise to a claim covered by the relevant insurance policy, and that without extrinsic evidence, it could not be concluded from the relevant documents, the complaint and the policy, that the driver was an insured under the policy. The case is Chavez v. Ariz. Auto. Ins. Co., No. 18-1473, 2020 U.S. App. LEXIS 1603 (10th Cir. Jan. 17, 2020).
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Christine G. Barlow, CPCU, is Managing Editor of FC&S Expert Coverage Interpretation, a division of National Underwriter Company and ALM. Christine has over twenty-five years’ experience in the insurance industry, beginning as a claims adjuster then working as an underwriter and underwriting supervisor handling personal lines. Before joining FC&S, Christine worked as an Underwriting Supervisor for Maryland Auto Insurance Fund, and as Senior Underwriter/Underwriter for companies Montgomery Mutual, Old American, Charter Group, and Nationwide.
The publications Christine has written or edited include Personal Lines Unlocked: The Key to Personal Lines Underwriting, Personal Lines Endorsements Coverage Guide, Commercial Flood Insurance Coverage Guide, Personal Flood Insurance Coverage Guide, Homeowners Personal Lines Coverage Guide 5th Edition, Personal Umbrella Coverage Guide 2nd Edition, and Condominium Coverage Guide 2nd Edition, all published by the National Underwriter Company. Christine regularly writes for Claims Magazine and National Underwriter Magazine. Christine regularly presents and moderates webinars on a variety of topics and is an experienced presenter.
Christine graduated cum laude from Towson University, Maryland, with a degree in Sociology/Psychology with a concentration in Gerontology.