Vol. December Issue December Bad Faith Update: No Request for Defense, No Coverage Problem

With 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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Vol. January Issue Unique Supplemental Payments Provision Leads to Supplemental Payday

Supplemental 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...

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Vol. February Issue Covenant Not To Execute Does NOT Preclude Damages

Following 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...

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Vol. March Issue Obligations Extend Beyond Accepting Settlement Proposal

The 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 ...

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Vol. Issue No “Claim”, No Coverage

Claims 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...

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Vol. May Issue No Direct Interest, No Intervention

Over 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...

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