What is the duty of an insurer to defend an action against its insured?
MultiRegion, United States of America
The following excerpt is from Indiana Lumbermens Mutual Ins. Co. v. W. Oregon Wood Porducts, 268 F.3d 639 (9th Cir. 2001):
Under Oregon law,3 a court assesses an insurer's duty to defend an action against its insured by reviewing the complaint and the insurance policy. Ledford v. Gutoski, 877 P.2d 80, 82 (Or. 1994). Looking only at the facts alleged in the complaint, the court determines whether those facts"provide a basis for recovery that could be covered by the policy." Id.
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