Potesta v. United States Fidelity & Guaranty Co.

DAVIS, Chief Justice:

The United States Court of Appeals for the Fourth Circuit presents us with two certified questions involving the application of the doctrines of waiver and estoppel when an insurer has initially stated one reason for denying coverage to its insured and, in subsequent litigation, has attempted to assert another, previously unarticulated reason for denying coverage. We conclude that, in order to establish that an insurer has impliedly-waived its right to assert a previously unar-ticulated reason for denying coverage, the insured must show that the insurer intentionally…