Guide · Insurance

Insurance Coverage Disputes: A Comprehensive Guide to Policy Interpretation and Bad Faith

15 U.S.C. §§ 1011

Type
Guide
Jurisdiction
National
Date
2023-10-08
Topic
Insurance

A complete practitioner's treatment of insurance coverage law for policyholder counsel, insurer counsel, and litigators who inherit a coverage question in the middle of somebody else's case. Parts I through IV cover how courts read insurance contracts, the interpretation canons and contra proferentem, the difference between occurrence and claims-made triggers, the notice and prejudice rules, and the architecture of the standard commercial general liability form including Coverages A, B, and C and the exclusions that do the real work. Parts V through VII cover the duty to defend and the four-corners and extrinsic-evidence split, reservations of rights and independent counsel, and contractual risk transfer through additional insured endorsements and other-insurance clauses. Parts VIII and IX cover trigger and allocation for long-tail claims and the excess, umbrella, exhaustion, and reinsurance layers above the primary. Parts X through XII cover directors and officers and professional liability, first-party property and business interruption, and appraisal. Parts XIII and XIV cover first-party and third-party bad faith, extracontractual and excess-judgment exposure, punitive damages limits, and the statutory unfair claims practices regime. Part XV is the verification list.

Insurance Coverage Disputes: A Comprehensive Guide to Policy Interpretation and Bad Faith

Insurance > Coverage and Bad Faith | Published 8 October 2023 - Updated 3 June 2026 | UpLaw - uplaw.us

In brief. Four questions decide almost every coverage dispute. Is the loss within the insuring agreement? Does an exclusion apply? Was notice given as the policy required? Did the insurer handle the claim reasonably? The first two are read against the drafter. The fourth is where the money is.

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