The Insurer's Duty to Defend : Issues and Analysis.

Format:

Book

Author/Creator:

Richmond, Douglas R.

Contributor:

Arena, Samuel J., Jr.

Language:

English

Subjects (All):

Insurance claims--United States.

Insurance claims.

Insurance companies--Law and legislation--United States.

Insurance companies.

Tort liability of insurance companies--United States.

Tort liability of insurance companies.

Insurance law--United States.

Insurance law.

Physical Description:

1 online resource (665 pages)

Edition:

1st ed.

Place of Publication:

Cleveland : American Bar Association, 2024.

La Vergne : American Bar Association, 2024.

Summary:

"Because of its importance to both policyholders and insurers, the duty to defend has been (and continues to be) extensively litigated. This book begins with a discussion of fundamental aspects of the duty to defend and concludes with an examination of nonexecution agreements and consent judgments. The chapters in between cover insurers' defenses under reservations of rights and nonwaiver agreements; conflicts of interest in insurance defense; insurers' occasional duty to defend offensively, that is, to prosecute counterclaims, crossclaims, and third-party claims on insureds' behalf; insurers' duty to defend post-judgment proceedings in trial courts and their duties to defend and prosecute appeals; the termination of the duty to defend; the often controversial subject of insurers' right to recoup defense costs incurred in connection with uncovered claims or causes of action; the allocation of defense costs; the consequences of an insurer's breach of the duty to defend; and defenses under defense-cost-indemnification polices"--Adapted from the publisher's description.

Contents:

The duty to defend framework / Douglas R. Richmond

Reservations of rights and nonwaiver agreements / Douglas R. Richmond

Conflicts of interest in insurance defense / Douglas R. Richmond

Insurers' duty to defend offensively / Seth Lamden

The duty to appeal or pursue post-judgment relief / Patrick J. Kenny

Terminating the duty to defend / Robert H. Jerry, II

Insurer's right to recover defense costs for uncovered claims or causes of action / Laura A. Foggan and Stephanie V. Corrao

Allocating defense costs / Scott M. Seaman, Maida Chinosi, and Madeline Cook

Consequences of breaching the duty to defend / Lorelie S. Masters and Rachel E. Hudgins

Defenses under defense-cost-indemnification policies / Douglas R. Richmond

Nonexecution agreements and consent judgments / Douglas R. Richmond.

Notes:

Title from eBook information screen..

Description based on publisher supplied metadata and other sources.

ISBN:

1-63905-456-1

OCLC:

1460464487