Insurance
Nov. 3, 2011
An insurer’s duties to defend and to investigate
When an insured is sued and notifies its insurer, how should the insurer respond?
Kirk A. Pasich
Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP
Phone: (310) 956-3462
Email: kpasich@mcguirewoods.com
Loyola Law School
When an insured is sued and notifies its insurer, one question to be addressed initially is: How should the insurer respond? California law is clear that an insurer must respond promptly. It must acknowledge receipt of notice within 15 days and it must begin any necessary investigation of the claim within that 15-day period. 10 Code of Regulations Section. 2695.5(e). In fact, an insurer has a duty to conduct a full investigation into the coverage possibilities before taking a cove...
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