Filed October 10, 2006
Insurer is not entitled to assume wrongdoing on Aspen Realty’s part that takes the claim out of coverage. Where there is a chance that the claim is a covered claim, “the insurer must defend regardless of possible defenses arising under the policy . . . .” Kootenai County, supra, 113 Idaho at 910-11, 750 P.2d at 89-90. The random opinions from outside Idaho upon which Insurer relies to urge an “objective” standard are not on point.
Filed August 29, 2013
Id. at 1261 (quoting Kootenai County v. W. Cas. and Sur. Co., 750 P.2d 87, 89 (Id.Sup.Ct. 1988)). Credit Suisse argues that once an insurer begins to defend – as Stewart Title did here – it cannot later drop the defense until a court determines that no coverage exists.