Claims Handling
Entries across the digest that deal with claims handling.
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Insurance
Duty to Defend Compared With Duty to Indemnify
An insurer must defend if any allegation could potentially fall within coverage, but it pays only what the policy actually covers. The two duties are measured differently.
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Insurance
Reservation of Rights Letters and What They Preserve
A reservation of rights letter allows an insurer to fund a defense without giving up its coverage defenses, and in many states it hands the insured a right to independent counsel.
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Insurance
Insurance Bad Faith: Claims Handling and Extracontractual Exposure
Bad faith is what happens when an insurer handles a claim unreasonably rather than merely wrongly. The standards, remedies, and statutory overlay differ sharply by state.
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Insurance
Appraisal Clauses in Property Insurance Disputes
An appraisal clause lets either side force a valuation process run by two appraisers and an umpire. The award binds on the amount of loss but not on coverage.
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Insurance
Late Notice: When a Delay Forfeits Coverage
Delay in reporting a claim used to forfeit coverage automatically. Most states now require the insurer to show prejudice, but claims-made policies are usually the exception.
