Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 62

Get Book Here

Book Description

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 54

Get Book Here

Book Description

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 68

Get Book Here

Book Description

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 138

Get Book Here

Book Description

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 26

Get Book Here

Book Description

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 30

Get Book Here

Book Description

Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 0

Get Book Here

Book Description

Author: Jeffrey E. Thomas
Publisher:
ISBN:
Category :
Languages : en
Pages : 16

Get Book Here

Book Description
In a previous paper, I suggested that the Missouri Supreme Court had adopted a forfeiture penalty for insurers that breached the duty to defend. This paper revises that position based on the December 2016 Missouri Supreme Court decision of Allen v. Bryers in which the court held that to recover damages beyond the applicable liability insurance policy limits, the insured (or an assignee) would have to demonstrate the insurer had acted in bad faith. However, the court confirmed a forfeiture approach up to the liability insurance policy limits. Where an insurer breaches its the duty to defend in a liability insurance policy, the insurer is bound by the result in the underlying case up to its policy limits. The court used an analysis similar to issue preclusion, holding that the insurer is bound by all facts actually litigated and determined in the underlying case. The paper explains this decision, and points out some uncertainty created by the opinion regarding what constitutes bad faith behavior by an insurer under Missouri law with regard to the duty to defend and as to what more beyond unreasonable conduct is required to demonstrate bad faith. The paper concludes by placing the Missouri approach it in its national context by comparing it to the approach by the Restatement of the Law, Liability Insurance. Section 19 of the Restatement also imposes a forfeiture up to the policy limits but only if the breach of the duty to defend was without a reasonable basis. In addition, the Restatement recognizes a kind of "safe harbor" for insurers who defend under a reservation of rights, while in Missouri an insurer is not entitled to reserve its right while at the same time providing a defense (unless the insured specifically consents).

Author: Eugene R. Anderson
Publisher: Wolters Kluwer
ISBN: 073551173X
Category : Law
Languages : en
Pages : 2726

Get Book Here

Book Description
The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.

Author: Alan I. Widiss
Publisher:
ISBN:
Category : Automobile insurance
Languages : en
Pages : 842

Get Book Here

Book Description