Four Corners Rule Prevails in Tenth Circuit
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.
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).
This premium content is locked for
Insurance Coverage Law Center subscribers only.
Start a free trial to enjoy unlimited access to the single source of objective legal analysis, practical insights, and news for the insurance industry.
- Access the most current expert analysis and daily developments across jurisdictions
- Solve complex research issues with expert tools and intelligence
- Tap into insurance coverage expert guidance
Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.