Hagen v. United States Fidelity & Guaranty Insurance

OPINION

HAIRE, Presiding Judge.

The primary issues raised in this appeal concern (1) whether the appellant insurer’s policy imposed a duty to defend, notwithstanding the admitted exclusion of liability coverage, and if not, (2) whether the insurer could be held liable under implied contract and negligence principles for its alleged failure to make a reasonable effort to advise its insured of its disclaimer of any obligation under the policy. Subsidiary questions are presented concerning (1) whether the plaintiff’s assignor was an insured under the policy so as to create a relationship…