What two defenses did the insurance carrier assert


Question 1: How did the D.C. Court of Appeals' decision in Hernandez v. Banks change the law regarding the enforceability of contracts entered into by mentally incapacitated persons? Why did the court make this change?

Question 2: What two defenses did the insurance carrier assert in Harleysville Worchester Insurance v. Diamondhead Property Owners Association in an attempt to avoid any duty to defend or indemnify under the policy? How did the court hold on each of the asserted defenses?  What was the outcome with regard to coverage under the policy?

Question 3: In Pioneer Industries Inc. v. Hartford Fire Insurance Co., what specifically did Pioneer do that constituted fraud?  Why did the court conclude that it was irrelevant whether Hartford would have issued the policy even if it had been aware of these facts?

Question 4: How did the decision in Riverisland Cold Storage, Inc. v. Fresno-Madera change the rule established in Bank of America v. Pendergrass?

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