Does coverage exist? Marlena Whicker rear-ended a taxi and caused injury to the taxi’s passenger, Georgiana Chavez. Questions arose when the insurer tried to determine whether or not Whicker was a covered driver. (Photo: Shutterstock)

The U.S. Court of Appeals for the Tenth Circuit found that a plaintiff’s complaint failed to trigger a duty to defend the driver of a car in the underlying suit because the complaint failed to state any facts that could have plausibly given rise to a claim covered by the relevant insurance policy. Also, without extrinsic evidence, it could not be concluded from the relevant documents, the complaint and the policy, that the driver was an insured under the policy.

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Hannah Smith JD


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