Insurers routinely turn to Federal declaratory judgment actions in an effort to secure what they perceive as a friendly forum. Doing so can be appropriate in certain circumstances when an actual coverage dispute is present and the reques...
Read MoreWhen faced with claims that may not be covered, an insurer can take a number of paths. This includes denying coverage, defending under a reservation or defending under a reserva...
Read MoreDeny, Delay, and Defend is a common theme around the insurance industry and is often cited to explain an insurer’s reluctance to pay claims. Books have been written on the...
Read MoreMost, but not all, extra-contractual cases involve an insurer failing to accept an offer that would have protected an insured from an excess judgment. Frequently, the insurer will raise some challenge to the offer made by the claimant. T...
Read MoreStandards for extra-contractual recovery vary from state to state to some extent. While the standard for recovery may differ, evidentiary, discovery and interpretation issues overlap and arise in many bad faith cases regardles...
Read MoreMost jurisdictions, at least in theory, permit insureds to recover extra-contractual payments/judgments from their insurers under bad faith or negligence theories. Jurisdictions are less uniform on whether or under what theories an insur...
Read MoreWith increasing frequency, insurers are challenging the sufficiency and clarity of settlement demands they failed to previously accept. The insurer’s challenges can take many forms but most focus on a demand not being writte...
Read MoreInsurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the insured of...
Read MoreIn states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited polic...
Read MoreOver the past five plus years, the Missouri legislature has continued to grant insurer’s new rights and protections. This includes requirements for time-limited demands, interpleader protections and the ability to intervene into ce...
Read MoreClaims Made and Reported policies are their own animal. Proper reporting of claims is vital to ensure coverage for any loss. Knowing what constitutes a "claim" that must be reported and when and how to report the claim can be challenging...
Read MoreThe vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable settlement ...
Read MoreFollowing a coverage denial, many jurisdictions permit insureds and claimants to enter into covenants not to execute and to enforce a resulting judgment against the insurer if coverage is shown to exist. Insurers often argue that the ins...
Read MoreSupplemental Payments provisions are present in almost every liability policy. These provisions generally detail the insurer’s responsibility for interest and costs awarded in suits that it has undertaken to defend. Litigation surr...
Read MoreWith very limited exceptions, liability policies provide insureds with two primary benefits: a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with premium ...
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