Judge:  Insurer Has Duty To Defend But No Duty To Indemnify Defects Dispute

(June 25, 2019, 9:57 AM EDT) -- MISSOULA, Mont. — An insurer has a duty to defend underlying claims under the mixed action rule, a Montana federal judge held June 20; however, it has no duty to indemnify for liquidated damages, breach of warranty, Montana Consumer Protection Act and emotional distress claims because factual issues bar summary judgment on the duty to indemnify (Atlantic Casualty Insurance Co. v. Peggy Quinn, et al., No. 18-76, D. Mont., 2019 U.S. Dist. LEXIS 103566)....

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