Duty to Defend

0
1K

Duty to Defend – An Article for Zalma Substack Subscribers
Posted on July 29, 2024 by Barry Zalma

https://lnkd.in/gf4YSamQ

Dual Promise Policies An Article on Barry Zalma’s Substack
To see the full article and materials you must subscribe at Subscribe to Subscribe to “Excellence in Claims Handling” at href=”https://lnkd.in/g8K26Dn5>

When liability insurance was first offered to the public it was concerned only with indemnity. As liability insurance developed, the concern about defense costs matured into clauses promising defense as well as indemnity — the so-called dual-promise policies.
These clauses have led to the development of a considerable body of law interpreting the agreements to defend. To properly investigate a casualty or liability claim for defense and indemnity, an adjuster must understand the history of the promise to defend and understand how it grew from the original promise to indemnify.
In RLI Ins. Co. v. Conseco, Inc.,[1] the Seventh Circuit denied a defense because a settlement agreement released any claims that the class members had arising out of the insureds’ manipulation of and false reporting regarding securities during 1999 and 2000. It was the same false reporting and manipulation alleged in the securities action that precipitated the underlying action.
Insurers who insure bars and other places where alcoholic beverages are sold are loathe to insure the bar against liability for barroom fights, acts of security personnel (bouncers), or any form of assault or battery. This concern is usually avoided by including in the policy wording, or an endorsement, a clear and unambiguous exclusion for any claim arising from an assault or a battery.
Plaintiffs’ lawyers recognize this fact and will therefore add to their pleadings allegations of negligence on the part of the bar or its owners to attempt to drag the insurer and its big pockets of cash into the case to compel a settlement that is less than the cost of defense.
To see the full article you must subscribe at Subscribe to Subscribe to “Excellence in Claims Handling” at href=”https://lnkd.in/g8K26Dn5>
(c) 2024 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://lnkd.in/gmmzUVBy

Go to X @bzalma; Go to Newsbreak.com https://lnkd.in/g8azKc34; Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gRthzSnT; Go to Barry Zalma on YouTube- https://lnkd.in/g2hGv88

Sponsor

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Zoeken
Categorieën
Read More
Religion
Bad Stuff That Brings Forth Good
  Joseph said to them, “Do not be afraid, for am I in the place of God? But as for...
By Alamo NLP 2020-09-29 15:10:30 0 5K
Other
It Doesn't Pay to Lie to Your Insurance Company
False Answers to Material Insurance Application Questions Requires Rescission Read the full...
By Barry Zalma 2020-12-28 13:40:51 0 3K
Other
Felons are Less Likely to be Deterred from Lying Under Oath
Prior Criminal Convictions of Insured Goes to Credibility and Should be Admitted Read the full...
By Barry Zalma 2021-04-22 12:34:06 0 4K