The author analyzes the insurer's duty to defend and the judicial dilemma in choosing between the exclusive pleading test and the factual test in the determination whether the duty exists in each of six possible fact paradigms. The author critically examines :he rationale underlying the selection of either test within each paradigm, and suggests a foundation upon which courts should base their resolution of the conflict.
David A. Garbett,
The Duty to Defend Clause in a Liability Insurance Policy: Should the Exclusive Pleading Test Be Replaced?,
36 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol36/iss2/4