Circumstances dictate whether to sue or not
Article Abstract:
There are times when insurance companies should resort to litigation. The party filing suit has the advantage of choosing the venue in cases concerning more than one site, or when the insured is in one state and the subject of the litigation is in another. Insurers may wish to sue for purposes of discovery, or where a declaration to deny coverage is needed. Occasionally an insurer will sue in an attempt to make law, but this can be costly and unrewarding.
Publication Name: Best's Review Property-Casualty Insurance Edition
Subject: Insurance
ISSN: 0005-9714
Year: 1995
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In employment practices suits, conduct controls coverage
Article Abstract:
Insurers need to clearly understand claims resulting from employment practices suits. The key to coverage availability, when such suits are filed, is the insured's conduct. In many policies, claims arising from certain types of conduct are not covered, due to employment practices exclusions. Most policies offer limited coverage for injuries that the insured does not intend or expect. Finally, coverage for certain acts may be barred, under state law.
Publication Name: Best's Review Property-Casualty Insurance Edition
Subject: Insurance
ISSN: 0005-9714
Year: 1997
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Discriminating questions insurers should ask
Article Abstract:
Employers facing employment discrimination suits usually appeal to their insurance carriers for defense and indemnification. It can be difficult, however, to determine if discrimination-related claims are covered under employers' policies. Insurers should first examine the question of policyholder intent. Sexual harassment and discriminatory treatment are considered inherently intentional.
Publication Name: Best's Review Property-Casualty Insurance Edition
Subject: Insurance
ISSN: 0005-9714
Year: 1995
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