WHERE FACTS, NOT SO MUCH ALLEGATIONS, DEPLOY A DEFENSE.

When facts determine a liability carrier's duty to defend, it's the allegations of fact that are relevant and not so much the allegation "labels" that a plaintiff -- or a liability carrier contesting its duty to defend -- put on them.  This is the rule that was applied under Illinois law, for example, in a case involving one of the more well-known arrangers in financial schemes:  Zurich Am. Ins. Co. v. Ocwen Fin. Co., 990 F.3d 1073, 1078 (7th Cir. 2021) (under Illinois law, duty to defend is determined by "considering whether the facts alleged describe potentially covered liability").

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