Article: Legal Opinions - U.S. District Court, Maryland: August 25, 2008

Insurance

Duty to defend

BOTTOM LINE: District court granted partial summary judgment in favor of insured where Errors and Omissions insurance policy triggered insurer's duty to defend against subpoena issued by state attorney general offices.

CASE: Ace American Insurance Company v. Ascend One Corporation, USDMD No. CCB-06-3371 (decided Aug. 7, 2008) (Judge Blake).

FACTS: On October 23, 2006, the Consumer Protection Division of the Office of the Attorney General of Maryland served an Administrative Subpoena on Amerix Corporation, pursuant to CL II [section]13-405, part of the Maryland Consumer Protection Act.

On December 29, 2006, Amerix gave ACE American Insurance Company (ACE) notice of ...

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