Thompson v. Maryland Casualty Co‪.‬

In this duty to defend insurance case, we review the court of appeals decision in Thompson v. Maryland Casualty Co., No. 01CA1039, slip op. (Colo. App. June 27, 2002). That court held that under the facts alleged in the underlying complaint the insurers have no duty to defend the insureds under provisions of a commercial general liability insurance policy that provides the insureds coverage against claims of malicious prosecution and disparagement. Alternatively, the court of appeals held that the insurers had no duty to defend against the disparagement claim because allegations in the underlying complaint triggered a policy provision excluding coverage for material published with knowledge of its falsity. We affirm.