Guide · Insurance
Insurance Coverage Law: A Comprehensive Guide for Policyholders
15 U.S.C. §§ 1011
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-08-28
- Topic
- Insurance
Insurance coverage law is state law, and it is the body of contract law in which the drafter's advantage runs deepest and the interpretive rules push back hardest; this UpLaw guide maps the whole field from the policyholder's side of the table. It explains how a policy is built (insuring agreement, exclusions, conditions, definitions, endorsements), who bears the burden on each of those pieces, and why contra proferentem and the reasonable-expectations doctrine matter so much in practice. It walks the major lines — CGL, D&O, E&O, cyber, property and business interruption, and EPLI — and the occurrence/claims-made divide that quietly destroys more coverage than any exclusion. It then treats the duty to defend and why it is far broader than the duty to indemnify, reservations of rights and independent counsel, trigger and allocation in long-tail claims, notice and cooperation conditions and the prejudice requirement, consent-to-settle and voluntary-payments clauses, additional insureds and "other insurance," and the bad-faith exposure that converts a policy limit into an excess judgment. A running hypothetical — Alderpoint Industries tendering a products claim under its CGL policy — grounds each doctrine. The guide closes with coverage-litigation strategy, a primary-authority section, and cross-references to the rest of the UpLaw library.
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