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Duty to Defend: Four Corners Rule, Duty to Look Beyond

May 9, 2007
New York Law Journal


Nearly every treatise or case discussing the duty to defend under New York law will tell you that the duty to defend is broader than the duty to indemnify. The vast majority will also tell you that an insurer has duty to defend whenever the allegations within the four corners of the complaint potentially give rise to a covered claim. These sources will lead you to the oft-repeated conclusion that an insurer is only relieved of the duty to defend when the claims alleged in the complaint cannot possibly result in a covered claim.

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