Indemnity Expert Witness On Duty To Defend Part 7

In The Insurer’s Duty to Defend: A Quick Analysis, attorney and indemnity expert witness Thomas H. Veitch describes some general rules applied by Texas courts and other jurisdictions following the “Eight Corners Analysis” regarding a duty to defend.

In making the determination of a duty to defend, the truth or falsity of the allegations in the pleadings are not a factor.

Likewise, what the parties know or believe to be the true facts is not a factor to be considered.

The duty to defend analysis focuses on the factual allegations in the pleadings rather than on the legal theories alleged in the pleadings. For example, a mere recitation that the insured was negligent is not determinative of negligence. The focus must be on facts supporting such a contention.

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