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Law

Apr. 8, 2008

Affirmative Defense for Setoff Could Constitute 'Suit'

BY BRET A. STONE AND JOHN R. TILL A California Court of Appeals recently found that an affirmative defense seeking a setoff could be the functional equivalent of a "suit" seeking damages within the standard duty-to-defend provisions in a comprehensive general liability policy.

BY BRET A. STONE AND JOHN R. TILL
     
      A California Court of Appeals recently found that an affirmative defense seeking a setoff could be the functional equivalent of a "suit" seeking damages within the standard duty-to-defend provisions in a comprehensive general liability policy. The decision in CDM Investors v. Travelers refines the literal approach adopted in 1998 in Foster-Gardner Inc. v. N...

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