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.

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discretionextrinsic evidence exceptionproperty damagejusticiabilitynecessary partyRule 19risk of litigationduty to defendprior injury or damage exclusioneight corners rulecommercial general liability insurance policydeclaratory judgment

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