AMERICAN REGISTRY OF PATHOLOGY v. OHIO CAS. INS.

Civil Action No. 04-1678 (RMC).

461 F.Supp.2d 61 (2006)

AMERICAN REGISTRY OF PATHOLOGY, Plaintiff, v. OHIO CASUALTY INSURANCE CO., Defendant.

United States District Court, District of Columbia.

November 15, 2006.


Attorney(s) appearing for the Case

Robert Brian Cave, Jeremy T. Monthy, Leslie Ann Maria, Kelleen McGinnis Scott, Hogan & Hartson LLP, Washington, DC, for Plaintiff.

Michael Joseph McAuliffe, Ethridge, Quinn, McAuliffe, Rowan & Hartinger, Rockville, MD, for Defendant.


MEMORANDUM OPINION

COLLYER, District Judge.

The American Registry of Pathology ("ARP") sues its insurance carrier, Ohio Casualty Insurance Co., for refusing and failing to defend ARP in two recent lawsuits. In the District of Columbia, an insurer's duty to defend is defined by comparing the allegations of a complaint with the terms of the insurance policy. Facts outside those two documents, even if known to the insured and/or insurer, are not deemed...

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