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Spec’s Family Partners, Ltd. v. The Hanover Insurance Co.

Court: 5th Cir  06/25/2018  Fifth Circuit Reverses and Remands District Court's Dismissal of Insured's Claims following Motion for Judgment on the Pleadings

Appellate court finds that district court failed to view the allegations in demand letters against the insured in a light most favorable to the insured and, in doing so, ignored allegations of non-contractual claims potentially triggering the duty to defend.

private company management liability policy, corporate entity liability, claim, loss, duty to defend, liability under contract, written or oral, contract, agreement, judgment on the pleadings, Rule 12(b)(c), de novo, exception, liability in the absence of the contract, liberal construction, demand letters, affirmative claims

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