Writing for the court docket, Choose Ronald Lee Gilman discovered that even when Wehr wasn’t sued instantly, the allegations within the St. Claire case centered on its conduct, and any ensuing legal responsibility might nonetheless circulate again to it. That was sufficient, the court docket held, to set off Phoenix’s responsibility to defend. Kentucky regulation, the opinion famous, requires insurers to step in when there’s even a chance that damages may fall below the coverage.
