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Certain Underwriters at Lloyd’s, London v. Superior Nationwide Logistics, Ltd.

Court: SD Tx  02/07/2021  Magistrate Judge Recommends Dismissal of Insurer's Action on Duty to Defend Based on "Eight Corners" Rule

The magistrate judge refused the insurer's attempt to utilize the Northfield exception as a means to escape its duty to defend, noting that it was not impossible to discern that a duty to defend was owed under the "eight corners" rule. The magistrate judge further recommended that the insurer's duty to indemnify is not justiciable because a duty to defend is owed.

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