- Liability for Alleged Misrepresentations Made to Excess Insurer🔍
- Duties Owed to the Excess Insurer by the Insured and the Primary ...🔍
- JIR Article🔍
- Rights and Responsibilities of Excess Insurers🔍
- Excess Insurer Not Bound by Primary Insurer's Coverage ...🔍
- Fraud and False Swearing🔍
- Material Misrepresentations and Changes in Risk🔍
- Insurer misconduct🔍
Liability for Alleged Misrepresentations Made to Excess Insurer
Liability for Alleged Misrepresentations Made to Excess Insurer
The 5th Circuit found attorney immunity applies to liability for negligent misrepresentations and omissions made to non-clients, ...
Duties Owed to the Excess Insurer by the Insured and the Primary ...
Primary and excess liability policies typically require the insured to cooperate in the investigation and settlement of a claim. This duty of cooperation is the ...
JIR Article - Material Misrepresentations in Insurance Litigation - NAIC
application; 4) the insurer had a duty to investigate representations made on the ... communications where the insurer claimed that the insured concealed or.
Rights and Responsibilities of Excess Insurers
Accordingly, an insurer that issued a claims made policy does not ... 2°7 The prototypical bad faith claim in the liability insurance ...
Excess Insurer Not Bound by Primary Insurer's Coverage ...
The excess insurer also argued that the doctrine of "known loss" precluded coverage because the insured had prior knowledge of a substantial probability that ...
Fraud and False Swearing: An Analysis of the Insurer's Right to ...
The fraud defense may arise either from a misrepresentation made by the insured in the procurement of the insurance policy or in the presentation of a claim.
Material Misrepresentations and Changes in Risk
An insured has the obligation to make full and accurate disclosure of all information which is relevant to the proposed insurance coverage. The ...
Insurer misconduct: Is it fraud or just bad faith? - Advocate Magazine
When an insurer breaches its duties under its insurance policy, it may be liable not only for breach of contract, but also for the tort of bad faith.
Coverage Complications for Prior Acts Under Claims Made ...
These kinds of rescission restrictive provisions can substantially limit the extent to which the insurer can avoid coverage based upon supposed ...
Move to Force Coverage From Excess Insurer Goes Nowhere
The 7th US Circuit Court of Appeals recently held that late notice to an excess insurer relieved the insurer of any obligation to indemnify the insured.
Additional Insured Coverage Language: 3rd Party Over Context
... liability carrier. ... Fifth Circuit Holds that Texas Law Immunizes Law Firm from Liability for Alleged Misrepresentations Made to Excess Insurer.
California Insurance | Troutman Pepper - Troutman Pepper
California Insurance - “Genuine Dispute” Over Insured's Misrepresentations During Insurer's Claim Investigation Bars Bad Faith Liability Based ...
Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter
Further, an underlying insurer will not be liable to an excess insurer for damages in excess of the limits of underlying insurance absent some ...
Ninth Circuit 'Excess Insurer' Ruling a Positive Step in Insurance ...
Follow-form excess coverage is supposed to provide policyholders with certainty that once a claim is deemed covered by an underlying insurer, ...
Excess Insurer May Not Refuse Reasonable Settlement - IRMI
The state of California gives an excess insurer three options if it disagrees with the proposed insurance settlement by the primary insurer and an insured.
New York's Highest Court Holds an Insurer May Rescind Coverage ...
In this decision, the Court of Appeals changed that rule and for the first time held that a named insured's alleged misrepresentation may result ...
IDENTIFYING AND RESPONDING TO PROFESSIONAL LIABILITY ...
The court disagreed, holding that the insurer had failed to demonstrate materiality in connection with the alleged misrepresentations. “To establish materiality ...
Recissions Based on 'Material Misrepresentations' Can Help ...
New York Insurance law defines a misrepresentation as a false statement of fact “made to the insurer by, or by the authority of, the ...
Strategies for Defeating the Material Misrepresentation Defense in ...
The material misrepresentation defense is a tactic that has long been used by insurance companies to defeat claims.
RS 22:1964 - Louisiana Laws - Louisiana State Legislature
(e) Misrepresents to any policyholder insured by any insurer for the purpose of inducing or tending to induce such policyholder to lapse, forfeit, or surrender ...