Insurance

This is FindLaw’s collection of Insurance articles, part of the Corporate Governance section of the Corporate Counsel Center. Click on the articles below to learn about defense perspectives in bad faith claims and steps to take if you are the victim of an auto accident. Every year thousands of automobile accidents cause severe personal injuries and/or property damage. By acting promptly and responsibly, you can protect yourself and your family against lost wages and overwhelming medical bills. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Corporate Governance

Insurance Articles

Conflicts of Interest: Hawaii Supreme Court Rejects Cumis Counsel Doctrine

HOLDING The Hawaii Supreme Court recently held that a liability insurer retains its right to select defense counsel for its insured when it provides its insured with a defense under a reservation of rights letter and, barring the insurer appointed ...
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Confronting Issues in Insurance Coverage-Insurers improperly use Section 2860 to limit their defense obligations

Since insurers must pay for the insured's selected independent counsel in all conflict of interest situations, it is in their financial interest to pay as little as possible. Insurers rely upon Civil Code ' 2860(c) to accomplish this goal. Section ...
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Confronting Issues in Insurance Coverage-Introduction

The standard comprehensive general liability insurance policy obligates the insurer to provide a defense to third party claims against the policyholder which seek to impose legal liability on the policyholder for covered damages. As the court's have ...
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Confronting Issues in Insurance Coverage-Policyholders must challenge the use of Section 2860 by insurers to limit their coverage obligations

Policyholders and their counsel should challenge insurance company decisions to pay reduced hourly rates based upon '2860. First, the insurance policy in question should be examined. If it was issued prior to January 1, 1988, the statute does not ...
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Confronting Issues in Insurance Coverage: The obligation to provide independent counsel

An insurer must provide independent counsel to defend its insured where a conflict of interest exists between the insurer and insured. Civil Code ' 2860 codified (and was intended to clarify) the rules set forth in San Diego Navy Federal Credit ...
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Construction Risk Management Update: Thelen Reid Report No. 25

The California Supreme Court recently issued an important ruling on the scope of general liability insurance coverage for liability arising out of an alleged breach of contract. This paper reviews the recent decision in Vandenberg v. Superior Court ...
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Consumer and Employer Questions Regarding the Mental Health Parity Act

MHPA was signed into law on September 26, 1996. The law provides that employer group health plans and health insurance issuers, insurance companies and managed care organizations offering mental health benefits will not be allowed to set annual or ...
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Contamination Is Not Pollution

In August, the Superior Court of Massachusetts, in an act of linguistic legerdemain, held that contamination of a building by carbon monoxide constituted direct physical loss within the meaning of a property insurance policy covering the building ...
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Corborating Witness Requirement In Uninsured Motorist Coverage Is Upheld

Melvin Hannon sued, inter alia, Scottsdale Insurance Company in the Circuit Court of Clarke County, seeking uninsured motorist benefits for injuries he sustained in a single vehicle accident. Hannon alleged that while he was driving a ...
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Court of Appeals Finds Coverage in Cyberspace and Criticizes Standard CGL Exclusions: Computer Corner, Inc. v. Fireman’s Fund Insurance Company

Any counsel who has been involved with coverage issues in New Mexico probably did a double-take when reading this case found in the May 23, 2002 New Mexico Bar Bulletin. In Computer Corner, 2002-NMCA-054, 2002 N.M. App. LEXIS 37, cert. denied 2002 ...
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