Some states have «no pay, no play» laws that limit an uninsured driver's ability to file a
claim against an insured driver.
This insurance coverage is for claims
brought against the insured entity wherever arising and is not therefore subject to territorial restriction.
The liability portion of an insurance policy is specifically for defending and settling any claims or paying any judgments rendered
against the insured in an automobile negligence claim.
An insurer's duty to defend an
action against its insured is triggered by the mere possibility that a claim could be made under the insured's policy.
Drivers purchase insurance to protect themselves against the threat of being involved in a car accident
against an insured driver who is really without assets to satisfy and sort of judgment.
It is generally triggered when a final judgement is
entered against the insured, and it is satisfied when the insurer pays such covered amounts to the plaintiff who obtained the judgement.
For all other types, the insurance provides protection
against against the insured event and compensate the policyholder in case of the occurrence of insured event during the policy coverage.
Insurance litigation involves not only the defense of various
claims against an insured, but also analysis of coverage and conflicts.
Technical Answer: «If a claim is made or a suit is brought
against an insured for damages because of bodily injury or property damage... we will pay up to our limit of liability for the damages for which the insured is legally liable... and provide a defense at our expense by counsel of our choice even if the suit is groundless, false, or fraudulent.»
The appellants also submitted the terms of the policy of automobile insurance issued by The Personal required it to pay any costs
awarded against its insured irrespective of the issue of coverage.
It is also common to include a renounce clause of the insurance company to compensate the
damages against the insured person in some cases (usually in case of DUI or other infringement of the law by the driver).
It is sad to say, but these companies don't really care if you file a
lawsuit against their insured drivers since they don't have to pay their attorneys an hourly rate to defend the case because, as stated, they are salaried employees.
She later transitioned to In - House Legal Counsel for a leading National Insurance Corporation, where she assessed the legality of lawsuits brought
against her insured clients and provided legal counsel to her client, the insurer corporation.
The Insurance Act states that every motor vehicle liability policy issued in Ontario shall provide that the insured appoints the insurer as its attorney to defend any action
against the insured arising out of the ownership, use or operation of the automobile: Insurance Act, R.S.O. 1990, c. I. 8, s. 252 (1)(c).
Usually offered as a standalone policy, coverage can include protection form internally and externally launched attacks, as well as viruses that are specifically
targeted against the insured or widely distributed across the Internet.
Hi Patrick, 1 - «my take on insurance such as disability and LTC is that they
insure against the insured person's potential loss of future earned income.
Under the expanded moratorium, the FHA is instructing lenders and servicers to suspend all foreclosure actions
against insured borrowers in these presidentially declared major disaster areas until May 18, the agency says in a release.
A «Claim» is defined under the Policy as «a demand including service of suit or institution of arbitration proceedings, for
money against an Insured...» All Claims (written demand in letter form, suits, demands for arbitration, etc.) should be sent to:
Just last year, Nationwide was hit with a $ 8.1 million verdict after a jury determined that the company's failure to settle claims
against its insured over a 2005 car accident was negligent and in bad faith.
In the meantime, the Plaintiff's attorney pursued and obtained a
judgment against the insureds in the tort action for more than the policy limit.
Represent EPL insurer in coverage proceedings concerning insurability of large punitive damages award entered against employer charged with sexual harassment and retaliation under statutory public policy
prohibition against insuring deliberate wrongdoing, in Massachusetts.
In AIG v OC320301 LLP [2016] EWCA Civ 367, AIG argued that claims with a potential value of # 10m brought by
investors against the insured solicitor should be aggregated so as to limit its liability under the policy to # 3m rather than about # 11m.
The firm acts for a heavyweight list of international insurers and Lloyd's syndicates, including XL Catlin Insurance, in claims brought
against insured professionals in the legal, construction, accountancy and financial services sectors.
A Roanoke City Circuit Court grants an insurer's motion to sever an insured's claim for bad faith, which is premature when there has been no judgment entered
against the insured on his claim for coverage under a fire policy.
Termination of a medical malpractice policy by cancellation is not effective for patients claiming
against the insured unless written notice is given to the Department of Insurance at least 30 days in advance of the cancellation, and to the insured in case of cancellation by the insurer.
Base Sum Insured: The sum
shown against each Insured Person in the Policy Schedule which represents the Company's maximum liability in aggregate for each Insured Person for any and all claims incurred for that Insured Person during the Policy Period.
To begin with, the third party needs to lodge an
FIR against the insured vehicle owner and produce the insured's valid insurance proof before Motor Accident Claims Tribunal and follow the judgement.
However no single body has the power to require an insurer to remain solvent and it depends very much on the risks involved and the number of claims that are made
against the insured risks.
Additional living expenses (ALE) coverage provides financial protection
against an insured disaster that makes it necessary to temporarily live somewhere else.
There's no potential for coverage, and thus no duty to defend, if the undisputed facts available to the insurer at the time of coverage are sufficient to allow the court to
rule against the insured.
(4) Where indemnity is provided to the insured under two or more contracts and one or more of them are excess insurance, the insurers shall, as between themselves, contribute to the payment of expenses, costs and reimbursement for which provision is made in section 245 in accordance with their respective liabilities for damages
awarded against the insured.