The duty to defend: when does it start?

Article Abstract:

The duty to defend claims against the insured should be triggered when notice to the insurer is provided by the insured. The notice rule in some jurisdictions could be interpreted as triggering the duty to defend whenever notice is given to the insured. This rule fails to consider the interests of the insured or the insurance company. An overly broad notice rule does not factor in the insured's interest in controlling negotiations, coverage issues, the sophistication of the insured or prior insurance company claim denial.

Duty to defend (Insurance law), Notice (Law)

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A comparative analysis of post-loss false swearing and its implications for insurance claims settlement practices

Article Abstract:

A shift in the judicial policy favoring insureds appears to have occurred in cases where insureds' prospective fraudulent activity is alleged and the reasoning of the New Jersey Supreme Court in Longobardi v. Chubb Insurance Co. has been adopted. The Longobardi court altered the usual standard of proof in fraud cases and applied a new concept of 'prospective reasonable relevancy' to determine materiality. The trend could have repercussions for insurance consumers as there is potential for abuse and inequitable results.

New Jersey, Perjury, Insurance claims adjustment, Claims adjustment (Insurance), Insurance fraud

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Challenging an insured's settlement

Article Abstract:

For an insured to show they are entitled to indemnity from their insurer for a settlement with a third party they must prove the settlement reasonable. Factors which demonstrate reasonableness include the insured showing liability, evidence of the claim's potential success, and that the settlement is appropriate. Insurers can challenge the settlement on its allocation or by lack of coverage through exclusionary clauses.

United States, Interpretation and construction, Compromise and settlement, Cases, Settlements (Law), Insurance industry, Third parties (Law), Insurance law

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