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TIG Insurance Co. v. Woodsboro Farmers Cooperative

Court: SD Tx  09/30/2019  District Court Affirms Magistrate's Denial of Insured's Motion to Dismiss Dispute Involving Duty to Defend

The court determined that the duty to defend issue was ripe for adjudication even though the insured claimed that it would not seek defense costs from the insurer because the affidavit was extrinsic evidence that could not be considered inasmuch as it did not go to a "fundamental policy coverage question" and did not relate to a "readily determined fact."

commercial general liability insurance policy, ripeness, duty to defend, duty to indemnify, justiciability, jurisdiction, extrinsic evidence

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