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Avalos v. Loya Insurance Co.

Court: Tx 4-San Antonio  07/25/2018  Insurer Breached Duty to Defend under "Eight Corners" Rule Despite Insured's Misrepresentation about Excluded Driver

An auto insurer breached its duty to defend an insured for a claim arising out of a collision even though she lied and said that she, rather than her excluded husband, was driving at the time of the accident in order to fraudulently obtain coverage because the "eight corners" rule applied and extrinsic evidence regarding the actual driver would have contradicted the alleged facts.

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