- What is the standard for determining whether an insurer has a duty to defend?
- Under what circumstances may the insurer consider information not contained in the policy or underlying complaint in determining whether it has a duty to defend?
- Must an insurer defend a lawsuit if only some of the facts alleged or counts included in the underlying complaint are covered?
- Under what circumstances may an insured select its own defense counsel to be paid for by the insurer?
- What are the consequences of breach of the duty to defend?
- When an insurer pays for defense in a matter where only some of the claims alleged in an underlying case are covered by the policy, may the insurer recoup from the insured the defense costs allocable to the claims that are not covered?
- Can an insured who prevails in coverage litigation (brought either by the insurer or the insured) recover from the insurer the attorney's fees expended by the insured for litigating coverage, without demonstrating common law or statutory bad faith?
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