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Evanston Insurance Co. v. Kinsale Insurance Co.

Court: SD Tx  07/12/2018  Court Applies Extrinsic Evidence Exception to Eight Corners Rule in Ruling that Insurer Has No Duty to Defend

Court employs extrinsic evidence exception to find that "prior injury or damage" exclusion did not apply in dispute between two insurers.

commercial general liability insurance policy, declaratory judgment, duty to defend, necessary party, justiciability, discretion, Rule 19, risk of litigation, property damage, prior injury or damage exclusion, eight corners rule, extrinsic evidence exception

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