American and Foreign Insurance Company et. al. vs. Jerry’s Sport Center, Inc. et. al.
Year 2007
Court Pennsylvania Supreme Court
Case Number 88 MAP 2008
  • Duty to Defend
  • Pennsylvania

A claim is potentially covered, thus triggering the duty to defend, when there is uncertainty as to coverage. Once this uncertainty is eliminated through a declaratory judgment action it does not retroactively eliminate the ambiguity that triggered the insurer’s duty to defend during the period of uncertainty.