National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: extrinsic evidence

Many States Do Not Allow Insurers or Insureds To Consider Extrinsic Evidence in Determining the Duty To Defend

Posted in Duty to Defend, Recent Cases
Yesterday’s blog addressed Illinois law, which allows consideration of extrinsic evidence in determining an insurer’s duty to defend.   However, many courts still adhere to the “Four Corners” approach  (or the “Eight Corners” approach if you count looking at the policy too)  in determining the duty to defend.  In other words, the courts in the following states  look… Continue Reading

Extrinsic Evidence: when can it be considered in determining the duty to defend?

Posted in Duty to Defend
 Duty to defend:  Insurers cannot always rely on extrinsic evidence to determine a duty to defend.    While there are circumstances where Illinois courts will look at extrinsic evidence to determine the duty to defend, courts will not look at extrinsic evidence that contradicts the allegations of the complaint.   Nor, apparently, will Illinois courts look… Continue Reading

Extrinsic Evidence and the Duty to Defend

Posted in News
When does an insurer have a duty - or not - to defend an insured, and what facts can be used to make this determination? These are two of the most common, yet challenging questions faced by insurers. To help clarify the issue, the topic of today's post is the use of extrinsic evidence for purposes of determining the duty to defend in Oregon. As part of our discussion, we address the use of extrinsic evidence endorsements and their potential utility.… Continue Reading