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An Insurer’s Defense Under One Policy Does Not Excuse Its Breach Under Another

5/11/2010 Articles

Does an insurer's defense of its insured under one policy excuse its breach of the duty to defend under another?  A California Court of Appeal recently concluded:  Not if the insured is potentially liable for an amount in excess of the policy limits.  Risely v. Interins. Exch. of the Auto. Club, 183 Cal. App. 4th 196 (2010).

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