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Once insured comes forward with facts showing arguable coverage, or insurer becomes independently aware of such facts, insurer must defend or further investigate potential claim. Garvis v. Employers Mutual Casualty Co., 497 N.W.2d 254 (Minn. 1993); St. Paul Mercury Ins. Co. v. Dahlberg, Inc., 596 N.W.2d 674 (Minn.Ct.App. 1999). Minnesota courts have applied exception to the general rule that extrinsic evidence cannot be used to avoid an otherwise existing duty to defend. Thus, in addition to looking at complaint, insurer may look to facts outside complaint to determine whether coverage exists. Lanoue v...
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