SDV is pleased to announce its newest State by State Survey – Extrinsic Evidence: Use of Extrinsic Evidence in Determining Duty to Defend.
A liability insurer’s duty to defend may be determined by the language of its policy and the four corners of the complaint. However, some courts entertain the submission of facts outside of the complaint, known as extrinsic evidence. This survey examines the various approaches adopted by the courts in the U.S. in determining whether extrinsic evidence impacts an insurer’s obligation to defend.
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