1. Does the insurer have a duty to defend, and if so, on what grounds?
Yes, the insurer has a duty to defend the Turner's. The commercial general liability (CGL) policy obligates an insurer to defend an insured against any suit seeking damages because of bodily injury, property damage, or personal and advertising injury. (http://www.irmi.com)
2. If the insurer must defend, will the insurer need to indemnify? Why, or why not?
Yes, the insurer must indemnify, as the insurer has a duty to defend Mr. and Mrs. Turner's policy against the law suit by the Cavanaugh's. The thought behind indemnifying is an effort to put the defending party fiscally where they would have been before the occurrence happened. Consequently, the obligation to defend may
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What is insurance and how does the duty to defend serve the larger purpose of insurance?
Insurance permits individuals and companies to protect themselves from loss or damages caused by an event that is not of their control. This guideline is the rule that an insurer's obligation to defend a guaranteed is more extensive than its obligation to reimburse. In addition, an insurer may owe an obligation to defend its protected against a claim in which no damages are granted, and any uncertainty in the matter of whether the facts support an obligation to defend. Normally duty to defend is in favor of the insured.
The Cavanaugh's brought a lawsuit against the property owners Mr. and Mrs. Turner stating that they are responsible for the lead poisoning of their 4 year old son. Jason became ill soon after moving in the apartment that the Turners rented to the Cavanaugh’s. Jason was taken to his pediatrician by his parents an after a battery of tests, it was revealed that Jason had large amounts of lead in his system. After testing the paint in the Cavanaugh's apartment it was verified that the paint was old and contained elevated amounts of
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The language in the General Liability policy, issued to the Turner's is not sufficiently complete to say that lead is excluded as pollution, when it examines: injuries brought on by "release, dispersal, discharge or escape of pollutants. In (State Farm Fire & Casualty Co. v. Dantzler, September 12, 2014, Wright, and J.).The pollution exclusion in rental dwelling policy precluded coverage for injuries sustained by a tenant as a result of exposure to lead-based paint, Nebraska’s highest court ruled. The allegation that exposure to lead-based paint caused injury necessarily contained an implicit claim that the paint had separated from the original surface. This separation fell within the meaning of the terms “discharge,” “dispersal,” “spill,” “release,” and “escape” in the pollution exclusion, which unambiguously applied to bar coverage
Our client, Sage Rent-A-Car Incorporation, leased a vehicle to Jeffery Calkin. The Defendant, Mr. Calkin was involved in a collision by failing to stop at a stop sign, therefore colliding with Jane White, the Plaintiff. Ms. White filed a negligence law suit against Mr. Calkin and Sage Rent-A-Car Inc. In the complaint, the Plaintiff claims that our client is required to carry insurance under the provisions of the Mandatory Financial Responsibility Act and therefore, has the duty to assume liability for the Defendant’s negligent collision. This matter is before the court on a motion to dismiss the Plaintiff’s complaint.
An insurance company also has a duty to be apprised of, and to apply, applicable state law in its evaluation of claims and to keep its claims department informed of appropriate statutes, insurance codes, and case law decisions that have a bearing on its handling of a claim.
"[a]n insurance company has a duty to act in good faith in settling claims and a breach of that duty will give rise to a cause of action by the insured." Pasipanki v. Morton, 61 Ohio App. 3d 184, 185, 572 N.E.2d 234 (1990) (quoting Bean v. Metro. Prop. & Liab. Ins. Co., 9th Dist. No. 13543, 1988 Ohio App. LEXIS 4275, 1988 WL 114464 at *1 (Oct. 26, 1988)). Gekko did not act in good faith to settle Vic’s claim against Donna, and their failure to do so enables Donna has a cause of action against Gekko.
Injury Statute and its relation to the doctrine of assumption of risk and the applications to this
Insurance companies are in the business of making money. They are going to use various tactics to reduce the amount they are willing to pay on a claim. Never assume that an insurance agent or adjuster is there to help you.
The Court held that CGU?s decision to deny indemnity under the policy did not breach section 13 of the ICA. The Court reviewed various well established principles that identified an insurer is entitled to a reasonable period of time to make inquiries of the insured and circumstances of the claim and to come to a position on indemnity. The Court reiterated the principle that an insurer?s decision to deny indemnity does not, by default, cause that insurer to be in breach of section 13 of the ICA
The responsible party is the one taken in consideration but in some cases both can be taken in consideration. They is two sort of insurance. The Insurance low limit and the insurance high limit. In Massachusetts, the required minimum limit coverage is 20,000$. In example, If there is a case where the responsible party insurance is 25,000$ and that that the court issued that they have to pay 30,000$ to the victim, the 25,000$ from the responsible party insurance will be paid and the 5,000$ remaining will be taken in charge by the victim
The contractual obligation to cooperate with the insurer includes the obligation to make a fair, frank and truthful disclosure to the insurer for the purpose of enabling it to determine whether or not there is a defense, and the obligation, in good faith, both to aid in making every legitimate defense to the claimed liability and to render assistance in the trial. Travelers Ins. Co. v. Godsey, 260 Md. 669 (1970). As part of this cooperation, the insured is required to attend and give an examination under oath. Under Maryland law, “an insurer is [generally] ‘entitled to conduct a searching examination [under oath], though all questions should be
Answer: Property and casualty insurance protects property (houses, cars, boats, and so on) against losses due to accidents, fire, disasters, and other calamities. Property and casualty policies tend to be short-term contracts and, that’s why the subject to frequent renewal is, and one more characteristic feature is the absence of savings component. Property and casualty premiums are based on the probability of sustaining the loss. To estimate the key determinant of the price of an insurance policy, i.e. risks, insurance companies take third-party proceedings that develop models of catastrophe loss probabilities. Based on the numbers form Exhibit 5 of the case we see that
What Is It? Liability coverage is insurance that protects your assets if someone is injured on your property or if you injure someone or damage someone's property.
All professionals should have an adequate liability insurance policy. Specifically, professionals need a professional liability insurance policy. If a client sues you for providing inadequate services, you could be ordered to pay your client a large amount of money. Profesional indemnity insurance can cover the legal expenses. Regardless of your level of experience, there is always the possibility of making a mistake. Professional indemnity insurance can protect you from several common mishaps. Professional indemnity insurance is mandatory in many industries. Contract workers must purchase professional indemnity insurance. Consultants, engineers and solicitors should also purchase professional indemnity insurance.
The coverage described in 13.a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period . . .
Insurance is an arrangement by which a company or government agency provides a guarantee of compensation for specified loss, damage, illness, or death in return for payment of a premium. It is a type of risk management by which an individual or agency acknowledges a situation where a loss is possible, and then measures the probability and severity of that loss. Funds are gathered into a larger pool of funds, and then paid out to individuals who experience the loss. This provides protection from the burden of risks associated with such situations. Law mandates some types of insurances while others are purchased at the discretion of individuals. I believe that law should mandate the purchase of automobile insurance, but homeowners insurance should
Any risk that can be quantified can potentially be insured. Specific kinds of risk that may give rise to claims are known as perils. An insurance policy will set out in detail which perils are covered by the policy and which are not. Below are non-exhaustive lists of the many different types of insurance that exist. A single policy may cover risks in one or more of the categories set out below. For example, vehicle insurance would typically cover both the property risk (theft or damage to the vehicle) and the liability risk (legal claims arising from an accident). A home insurance policy in the US typically includes coverage for damage to the home and the owner's
The language of insurance policies in nuanced with items that will be covered and items that will be excluded. The insurance policy analysis begins with the proposition that overage exists, and that coverage only ceases to exist in the exclusion applied the guiding exception that the drafter has the discretion to include. (Rec-11). Absent a specific exclusion, coverage exists. (Rec-11).