Court Finds That Insurer’s Duty to Defend is Not Cut Off by Judicial Admission by Insured

An insured’s admission in an answer to a declaratory judgment complaint dispositive of coverage was not considered by the Middle District of Pennsylvania. Instead, the court looked only to the allegations in the underlying complaint and held that an insurer had a duty to defend its insured.

The insured was sued in an underlying bodily injury lawsuit arising from a motor vehicle accident. In the complaint against the insured, the underlying plaintiff alleged that the vehicle driven by the insured’s employee was an auto covered …

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