Expert Witness Blog
Liability policies expert witnesses may testify regarding insurance loss claims, insurance policy coverage, liability policies, and related topics. In The Insurer’s Duty to Defend: A Quick Analysis, attorney Thomas H. Veitch, partner with the law firm of Langley & Banack, Inc. in San Antonio, writes:
A duty to indemnify is based on whether the alleged facts are actually established; for example, a ruling of the court or the findings of the jury.
If an insurer owes a duty to defend any portion of the suit, the insurer is obligated to defend the entire suit.
Generally, facts outside of the pleadings (extrinsic evidence) are not deemed material to the court’s determination. This is the case even if such facts can be easily ascertained.
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.