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Review a new ruling dealing with when an insurer breaches its duty to defend an additional insured.
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.
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.
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.
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?
Earlier this year, the California Supreme Court made an important ruling that will help to combat the "Underinsurance Crisis."
A recent Court of Appeal decision confirms that a timely policy limits settlement offer does not automatically insulate an insurer from bad faith liability.