Beyond The Four Corners Of The Complaint

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Outside Of The Box: How A Motion To Dismiss Can Go Beyond ...

    https://www.complexip.com/outside-of-the-box-how-a-motion-to-dismiss-can-go-beyond-the-four-corners-of-the-complaint/
    Mar 29, 2013 · Efremova argued that the employment contract was not attached to her complaint, and therefore the court could not look at the contract because that would require going beyond the four corners of her complaint. The lower court agreed and denied Steiner’s motion.

New York Court of Appeals Holds that Court May Look …

    https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1768&context=lawreview
    New York Court of Appeals holds that court may look beyond four corners of complaint to determine insurance company's duty to defend Traditionally, when determining the sufficiency of pleadings on a motion to dismiss,' New York courts examine the allegations set forth within the "four corners of the complaint."2 As long asAuthor: Steven M. Skolnick

The Duty to Defend: The “Four Corners” Rule and the Duty ...

    https://www.andersonkill.com/publications/pa/pdf/200109.pdf
    ny to investigate beyond the four corners of a complaint, but does not permit the insurance company to ignore such facts if it is aware of them. Garvis v. Employers Mutual Cas. Co., 497 N.W. 254, 258 (Minn. 1993) North Dakota similar-ly has construed the duty to defend as encom-passing facts of which the insurance company

Trial Court Could Look Beyond Four Corners of Complaint To ...

    https://www.floridacivpro.com/reporter/2013/03/25/trial-court-could-look-beyond-four-corners-of-complaint-to-dismiss-case-based-on-forum-selection-clause/
    Mar 25, 2013 · As a general rule, when considering a motion to dismiss, a trial court is limited to the allegations within the four corners of the complaint and any attachments. See e.g., Minor v. Brunetti, 43 So. 3d 178 (Fla. 3d DCA 2010). However, there are several exceptions to this general rule.

Oregon Supreme Court Reaffirms Broad Duty to Defend ...

    http://www.davisrothwell.com/2017/02/07/oregon-supreme-court-reaffirms-broad-duty-to-defend/
    Four Corners Rule and the Fred Shearer Exception On the first issue, the Supreme Court, unlike the Court of Appeals, decided not to look beyond the allegations of the complaint in determining whether the insurer owed a duty to defend.

Olson v. Farrar: When Insurance Coverage Litigation Moves ...

    http://www.wdc-online.org/wdc-journal/archived-editions/olson-v-farrar-when-insurance-coverage-litigation-moves-beyo
    The four-corners rule is a core principle of insurance coverage litigation. When determining an insurer’s duty to defend an insured in a lawsuit, the analysis is limited solely to the contents—or “four corners”—of the complaint. Courts have coined the phrase “four-corners …

The Four Corners Rule and Insurers' Duty to Defend in ...

    https://www.wilaw.com/four-corners-rule-insurers-duty-defend-wisconsin/
    The Court saw no need to go beyond the four corners of the complaint and the insurance policy in that case. But in dicta the Court appeared to recognize at least four situations in which it could be appropriate to look beyond the four corners of the documents: Where there was a conflict between allegations made in the complaint and the known facts;

SHAPIRO v. TULIN FindLaw

    https://caselaw.findlaw.com/fl-district-court-of-appeal/1567781.html
    May 18, 2011 · The trial court reasoned that the agreement upon which the complaint was based failed because it lacked the signatures of two attesting witnesses. This appeal followed. “ ‘In reviewing an order granting a motion to dismiss ․ [a] court may not go beyond the four corners of the complaint and must accept the facts alleged therein ․ as true.

Court Looks at Four Corners of Complaint and Beyond to ...

    https://www.wcmlaw.com/2017/03/court-looks-at-four-corners-of-complaint-and-beyond-to-find-coverage/
    Mar 20, 2017 · Court Looks at Four Corners of Complaint and Beyond to Find Coverage. The Southern District of New York recently struck another blow against insurers seeking to disclaim coverage to an additional insured for their vicarious liability based upon a strict reading of the complaint.

ALERT MEMORANDUM Ninth Circuit Addresses When Courts …

    https://www.clearygottlieb.com/-/media/files/alert-memos-2018/20180828-ninth-circuit-addresses-when-courts-may-consider-materials-ou-pdf.pdf
    Aug 28, 2018 · complaint by reference, and matters of which a court may take judicial notice.” 3. These two procedures—judicial notice and incorporation by reference—are similar in some respects. Both allow the court to look beyond the four corners of the complaint without converting the motion to dismiss into one for summary judgment. 4

Trial Court Could Look Beyond Four Corners of Complaint To ...

    https://www.jdsupra.com/legalnews/trial-court-could-look-beyond-four-corne-18287/
    Mar 25, 2013 · Trial Court Could Look Beyond Four Corners of Complaint To Dismiss Case Based on Forum Selection Clause

Florida High Court Reaffirms “Four-Corners Rule” for ...

    https://www.appellatestrategist.com/2016/03/articles/jurisdictions/florida/florida-high-court-reaffirms-four-corners-rule-for-determining-the-sufficiency-of-a-complaint/
    Mar 23, 2016 · The supreme court reaffirmed the longstanding limitations on determining the sufficiency of a complaint. Specifically, when a court determines the sufficiency of a complaint to state a cause of action, its review is limited to an examination only of the complaint and its attachments (known as the “four-corners rule”).

Florida Appellate Court Narrows Exception to Four Corners Rule

    https://www.insurerereport.com/florida-appellate-court-narrows-exception-to-four-corners-rule/
    To avoid this illogical result, most courts modify the four corners rule to allow an insurer to consider information beyond the pleadings (extrinsic evidence) to avoid a duty to defend where the insurer’s position that there is no duty to defend is based upon information that would not normally be alleged in the underlying complaint.

NELSON v. HILLSBOROUGH COUNTY FindLaw

    https://caselaw.findlaw.com/fl-district-court-of-appeal/1731966.html
    Apr 15, 2016 · Because the trial court went outside the four corners of the complaint in dismissing the complaint with prejudice, we reverse. Ms. Nelson filed a complaint against the County on November 18, 2013, to recover personal injury damages following a slip and fall at the Hillsborough County Courthouse on November 24, 2009.

dismiss – Florida Rules of Civil Procedure

    https://www.floridacivpro.com/reporter/category/dismiss/
    Oct 10, 2016 · As a general rule, when considering a motion to dismiss, a trial court is limited to the allegations within the four corners of the complaint and any attachments. See e.g., Minor v. Brunetti, 43 So. 3d 178 (Fla. 3d DCA 2010). However, there are several exceptions to this general rule.

Duty to Defend in Colorado: An Exception to the Four ...

    https://www.gordonrees.com/publications/2014/duty-to-defend-in-colorado
    In Colorado, whether a duty to defend exists has been based solely on the four corners of the complaint. The complaint rule can afford coverage to a builder or developer when the facts as pled trigger coverage, but it can also limit coverage when an unsophisticated …

Wisconsin Supreme Court Reaffirms Four-Corners Rule ...

    https://www.staffordlaw.com/blog/appellate-practice/wisconsin-supreme-court-reaffirms-four-corners-rule-governs-duty-to-defend/
    The Wisconsin Supreme Court recently issued two decisions, Marks v.Houston Casualty Co., 2016 WI 53, and Water Well Solutions Service Group, Inc. v. Consolidated Insurance Co., 2016 WI 54, concerning the four-corners rule, which was the subject of our previous blog post. Water Well and Marks reaffirm the application, without exception, of the four-corners rule in Wisconsin.

Four Corners legal definition of Four Corners

    https://legal-dictionary.thefreedictionary.com/Four+Corners
    Four Corners: The document itself; the face of a written instrument. The term is ordinarily included in the phrase within the four corners of the document , which denotes that in ascertaining the legal significance and consequences of the document, the parties and the court can only examine its language and all matters encompassed within it. ...



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