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Superior Court Explains Coverage Analysis Rules

Catlin Specialty Insurance Company v. CBL & Associates Properties Inc., No. N16C-07-166 PRW CCLD (October 17, 2017)

This is an interesting decision for two reasons. First, it settles the choice of law in a coverage case for a nationwide set of claims. The principal place of business for the insured is the law to apply.

Second, it holds that the actual allegations of the complaint are what is used to determine if there is coverage. This means that factual statements in the complaint that might support different claims do not mean those different claims are covered by the insurance.

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