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Home / Opinion Digests / Knowledge of potential claim obviates duty to defend or indemnify (access required)

Knowledge of potential claim obviates duty to defend or indemnify (access required)

Where a water treatment service provider had knowledge prior to obtaining the policy that claims had been threatened after an explosion at a facility where it provided services, the insurer has no duty to defend the underlying suit filed after inception of the policy period because of exclusions, including the prior knowledge exception. Background Certain Underwriters at ...