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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.

commercial general liability insurance policy, bodily injury, duty to defend, "eight corners" rule, motion to dismiss, Rule 12(b)(6), Northfield, independent contractors exclusion, extrinsic evidence, duty to indemnify Rule 12(b)(1)

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