What is the test for determining whether an insurer owes a duty to defend in a motor vehicle accident?
California, United States of America
The following excerpt is from Tierstein v. Mercury Cas. Co., B279488 (Cal. App. 2018):
"[T]he determination whether the insurer owes a duty to defend usually is made in the first instance by comparing the allegations of the complaint with the terms of the policy. Facts extrinsic to the complaint give rise to a duty to defend when they reveal a possibility that the claim may be covered by the policy. [Citations.]" (Waller v. Truck Ins. Exchange, Inc., supra, 11 Cal.4th at p. 19.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
What is the test for determining whether a defendant's actions were a proximate or legal cause of death in a motor vehicle accident? (California, United States of America)
Is a motor vehicle insurance policy that includes a policy of insurance that includes uninsured motorist coverage precludes stacking of uninsured motor vehicle coverages? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
What is the test for determining whether a defendant is responsible for a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant is liable to a third person not in privity for injuries sustained in a motor vehicle accident? (California, United States of America)
What is the test for determining whether defendants had a duty of care in the context of a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant has a duty to exercise care in the context of a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant is liable in a motor vehicle accident where an independent intervening force actively operates to produce injury? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
