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Insura Property and Casualty Insurance Company v. Ashe

2/6/2003

aph to another word from another paragraph, because such a review might very well cause us to find meaning where none otherwise existed. The proper extent of our review simply requires us to focus attention on the facts alleged as they appear in the complaint to determine if they could even potentially be covered by the Massachusetts Bay policy. Massachusetts Bay Ins. Co. v. Vic Koenig Leasing, 136 F.3d 1116, 1126 (7th Cir. 1998).


As held in Foy Trailers, a commercial general liability policy is not an "all risk" policy. To require Insura to provide coverage for the personal slanders and defamations uttered by Dewey L. Lineberry, that form the basis for the Ashe lawsuit, would indeed convert a commercial general liability policy into an "all risk" policy.


Summary judgment was properly granted; the judgment of the trial court is affirmed. Costs are assessed against Appellants.




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