In American Registry of Pathology v. Ohio Cas. Ins. Co., No. 04-1678 (RMC), 2006 WL 3307265 (D.D.C. Nov. 15., 2006), the U.S. District Court for the District of Columbia ruled that facts outside an insurance contract and the allegations in a complaint—even if known by the insured and/or insurer—are not considered relevant to the insurer's duty to defend.

Angelica Stevens applied for a job with the Armed Forces Institute of Pathology (AFIP). Due to a hiring freeze, AFIP did not hire her but asked the American Registry of Pathology (ARP) to hire her, as the AFIP can enter into contracts with the ARP for the provision of services and personnel. Stevens worked under the control of AFIP in its Cytology Center , which processes gynecological slides for pathological analysis. ARP was involved in her employment only to the extent that it processed her paychecks, maintained leave balances, and other such administrative tasks.