Guide · Insurance
Liability Insurance Coverage: A Comprehensive Guide to the Duty to Defend, Indemnify, and Settle
28 U.S.C. § 1335
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-10-21
- Topic
- Insurance
This guide states the law governing liability insurance coverage from tender through indemnity. Part 1 covers policy architecture — insuring agreements, triggers, exclusions, conditions, definitions, and endorsements. Parts 2 and 3 cover the duty to defend, the eight corners rule, the extrinsic evidence split, reservations of rights, conflicts, and independent counsel. Part 4 covers the consequences of a wrongful refusal, including estoppel, consent judgments, and assignment of coverage claims. Parts 5 and 6 cover indemnity, allocation, exhaustion, other insurance, additional insured endorsements, and contractual indemnity. Part 7 covers bad faith and the excess judgment, including the constitutional limits on punitive awards. Part 8 covers coverage litigation procedure, parties, sequencing, burdens, and fees. Later parts address McCarran-Ferguson, ERISA preemption, insurer insolvency, and the state variations that decide many disputes.
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