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Additional insureds and bad faith

Sep. 8, 2017
By Kirk A. Pasich

Review a new ruling dealing with when an insurer breaches its duty to defend an additional insured.


Insurance policies and breach of contract exclusions

Aug. 11, 2017
By Shaun H. Crosner

Liability insurers frequently assert that contractual liabilities do not fall within their policies' insuring agreements, and they also commonly attempt to rely on policy exclusions and public policy arguments to deny coverage for breach of contract claims. However, as numerous courts have recognized, such positions are not always well founded.


Misconceptions about an insurer’s duty to defend

Jul. 14, 2017
By Dominic Nesbitt

In spite of the Supreme Court’s continuing reaffirmation of the broad “potential for coverage” standard, policyholders continue to hold many misconceptions about when a duty to defend is owed.


An insurer's liability for failure to settle

Jun. 16, 2017
By Kirk A. Pasich

Insurers and insureds often disagree about whether a claim or lawsuit against an insured should be settled and if so, for how much. What should not be subject to disagreement is an insurer's duty to pay reasonable settlements.


Proving attorney fees in insurance coverage disputes

Apr. 21, 2017
By Kirk A. Pasich

One question that typically arises when an insured seeks to recover fees is: What "proof" must an insured offer regarding the attorney fees it has incurred?


Reasonable expectations for 'replacement cost' coverage

Apr. 7, 2017
By Jacquelyn Mohr, Robert K. Scott

Earlier this year, the California Supreme Court made an important ruling that will help to combat the "Underinsurance Crisis."


Settlement offers might not preclude bad faith

Aug. 26, 2016
By Michael S. Gehrt

A recent Court of Appeal decision confirms that a timely policy limits settlement offer does not automatically insulate an insurer from bad faith liability.