Landmark American Ins. Co. v Hilger

838 F.3d 821 (7th Cir. 2016)

Words & Phrases

Deductible

Trial Judge

Edmond Chang

Appellate Judge

Sykes

Holding

Insurer entitled to offer extrinsic evidence beyond allegations of complaint to prove there is no duty to defend insured as an independent contractor.

Fact Summary

Where insurance company brings declaratory action to dispute its duty to defend, it may conduct discovery and offer evidence to defeat duty to defend where the coverage issue does not implicate an ultimate issue in the underlying action against the insured.

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