Strict Duty To Indemnify Ruling Bucks Recent Trend

By Richard Mason (January 29, 2024, 5:10 PM EST) -- On Jan. 4, the U.S. District Court for the District of South Carolina held that while a federal court ordinarily will have subject matter jurisdiction to issue a declaratory judgment determining an insurer's duty under a liability policy to defend its insured prior to resolution of the underlying action, the court generally will not have jurisdiction to rule upon the duty to indemnify.[1] ...

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