The duty to defend should be determined solely from the allegations appearing on the face of the complaint. In determining whether or not the insurance company has the duty to defend, the trial court cannot examine testimony, depositions, affidavits or other documents.
Employers Insurance of Wausau vs. City of Waukegan, Illinois
Year
1997
Court
Illinois Appellate Court, 2nd District
Case Number
2-97-0606, 2-97-0901
Issue
- Duty to Defend
State
- Illinois