In what circumstances will an insurer be able to defend and indemnify a third party claim in a lawsuit brought in any state?

California, United States of America


The following excerpt is from Great-West Life Assurance Co. v. Guarantee Co. of North America, 205 Cal.App.3d 199, 252 Cal.Rptr. 363 (Cal. App. 1988):

In McClanahan v. Trans-America Ins. Co. (1957) 149 Cal.App.2d 171, 307 P.2d 1023, an Alabama insurer, created under Alabama law and having its principal office in that state, having written no insurance policies and maintaining no office or place of business in California, and having no agents, jobbers or independent contractors soliciting business in this state, issued a policy of automobile insurance to Colombian residents for accidents occurring anywhere in the United States. In that policy, it contracted to defend and indemnify the insureds in the United States, and expressly agreed to submit to an action brought in any state by a third-party claimant, in the event a judgment were entered against its insureds. (Id., at pp. 171-172, 307 P.2d 1023.)

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