Meckler Bulger Tilson Marick &  Pearson LLP

MBT is pleased to announce the release of the first volume of the MBT Insurance Law Series, periodic national surveys of insurance law issues oriented toward claims professionals. The first volume of the series, "Duty to Defend: a Fifty-State Survey," is now available. The Duty to Defend book addresses seven fundamental issues of interest to claims professionals and lawyers making decisions about properly responding to complaints tendered for a defense:
  1. What is the standard for determining whether an insurer has a duty to defend?
  2. 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?
  3. Must an insurer defend a lawsuit if only some of the facts alleged or counts included in the underlying complaint are covered?
  4. Under what circumstances may an insured select its own defense counsel to be paid for by the insurer?
  5. What are the consequences of breach of the duty to defend?
  6. 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?
  7. 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?
The second volume of MBT's Insurance Law Series, "Choice of Law: a Fifty-State Survey" will be released later this year.

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book cover, Duty to Defend

 

 
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