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Judgment Eliminating Defamation Coverage Defeats Coverage  

Although the duty to defend is exceedingly broad the obligation of an  insurer to defend and insured is not unlimited. In University Of  Louisville v. Kentucky School Boards Insurance Trust And Cyril William  Helm, No. 2021-CA-1066-MR, Court of Appeals of Kentucky (August 19,  2022) the University of Louisville (the "University") appealed from the  summary judgment in favor of Kentucky School Boards Insurance Trust  (KSBIT) regarding KSBIT\'s duty to provide a defense and indemnification  in a separate circuit court case pursuant to a policy of insurance.  The underlying matter began with a suit for a declaratory judgment by  KSBIT , in January 2021 related to the policy. In this action, KSBIT  sought a declaration that it did not have any obligation under the  insurance policy to defend or indemnify the University as a result of a  Kentucky Whistleblower Act claim filed by Dr. Cyril Helm (Helm v.  University of Louisville, Jefferson Circuit Court Case No. 15-CI-01410).