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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/aliliabil9929 and id is 1 raw text is: LIABILITY INSURANCE
CHAPTER 2. MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS
§ 13. Conditions Under Which the Insurer Must Defend
E.D.Cal.2020. Quot. in ftn.; com. (a) quot. in ftn.; com. (c) cit. in case quot. in sup., quot. in ftn., cit. in
case quot. in ftn. After several homeowners filed actions against developer in Nevada and California for
property damage arising from construction defects caused by developer's contractors, and developer
sought indemnity from contractors, insurer for contractor, which participated in settlements of the
dispute, sued insurer that did not participate in the settlements, alleging that defendant had a duty to
defend and indemnify their mutual insureds. This court granted in part and denied in part the parties'
cross-motions for summary judgment, holding that defendant had a duty to defend insureds with respect
to certain of the actions. The court cited Restatement of Liability Insurance § 13 in noting that, while
California permitted consideration of extrinsic evidence to determine whether there was a potential for
liability under the policy and therefore a duty to defend, Nevada generally did not. Interstate Fire &
Casualty Insurance Company v. First Specialty Insurance Company, 482 F.Supp.3d 1060, 1070, 1071,
1076.
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