Defendant Insurance Company of North America, Inc. (INA) issued a commercial general liability policy to its insured, covering liability to the insured of $1 million with a $250,000 deductible, defined as "the amount of damages under this policy which the insured has a duty to pay." The policy also provided that INA had the right to pay damages within the deductible if the insured failed to pay a final judgment or settlement against the insured, and to pay any amounts within...
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