in the underlying action does not on its face establish lack of coverage.”) (citations omitted); Atlantic Mut. Fire Ins. Co. of Savannah v. Cook, 619 F.2d 553, 555 (5th Cir.1980) (“[I]n a declaratory action to determine an insurer’s duty to defend, the court may take evidence for the purpose of deciding the insurer’s duty to defend in this regard, where the facts alleged in the [underlying] petition are sufficient to establish ... liability on the part of the insured but are silent as to the facts or characterization thereof relied upon for a policy exclusion.”) (construing Alabama law); Boyce Thompson Institute for Plant Research, Inc. v. Insurance Co. of N. Am., 751 F.Supp. 1137 (S.D.N.Y.1990) (denying summary judgment on the issue of an insurer’s duty .E.2d 201 (Ind. Ct.App.1981) (<HOLDING>); Bituminous Casualty Corp v. Bartlett, 307
holding that insurer had a continuing duty to defend holding that an insurer had a duty to defend the insured until it could establish that those claims were not supported by the facts holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage holding that under new york law for an insurer to have no duty to defend the court must find as a matter of law that based on the pleadings there was no possible factual or legal basis on which the insurer might eventually be held obligated to indemnify the insured holding based on factual determinations made by trial court in declaratory judgment proceeding that insurer had no duty to defend because discharges were not sudden and accidental