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.
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