A Rose by Any Other Name: When Does a Pleading Allege an Offense?
- Topics:
- Case Management
- Tags:
- Coverage,
- Reed Elsevier Inc.
- Source:
- Reed Elsevier
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Overview: Texas, like most states, follows a complaint allegation rule, determining a duty to defend by comparing the allegations of the petition to the terms of the policy. The facts, not the causes of action, determine coverage: if a claim is potentially within coverage, a duty to defend is triggered. The complaint allegation rule is harder to apply, however, in the context of personal and advertising injury coverage provided under Coverage B.
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Format: HTML | Date: Aug 2003 | Pages: 1
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