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
Issue
  • Duty to Defend
State
  • 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.

Related Docs
Author John N. Ellison, Esq., Timothy P. Law, Esq. and Bryan W. Petrilla, Esq. of Reed Smith, LLP, and Amy Bach, Esq.
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