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Federal Insurance Co. v. Northfield Insurance Co.

Court: SD Tx  06/26/2018  District Court Denies Motion to Dismiss Insurer's No-Duty-to-Defend Claims, but Stays Indemnity Claims Pending Judgment in Underlying Liability Lawsuit

The court found the motion to dismiss the duty to defend claims lacked merit because the insured might seek a defense from the insurers although it already had a complete defense from another insurer, but the duty to indemnify could not be adjudicated because a judgment had not yet been entered in the liability lawsuit.

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