Liability of an insurer when settlement or claims-handling practices adversely affect financial interests of the insured

Article Abstract:

Liability insurers should not be held liable for adversely affecting the financial status of insureds by through settlement of liability cases that result in higher premiums for the insured. A California court held in a worker's compensation case that an insurer's mishandling of settlements did unjustifiably result in higher premiums for the insured,and that the insurance company was liable for these added costs. Applying the decision to liability insurers, however, would give the insured too much power, effectively undermining the role of liability insurance.

Interpretation and construction, Insurance law

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New perspectives on damages for breach of duty to defend

Article Abstract:

Insurers can decide not to defend an insured without incurring the near total liability that arises from bad faith claims, but should be careful. Most states have guidelines determining what constitutes an adequate investigation of facts by an insurance company when deciding if it has a duty to defend. This investigation should be made as early as possible, and be very thorough. Even a wrong determination on duty to defend occurring after a thorough investigation can limit any future bad faith damages in the case.

Analysis, Duty to defend (Insurance law), Tort liability, Tort liability of insurance companies, Insurance companies

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Lost or damaged computer data: "property damage" or intangible information under a commercial liability policy?

Article Abstract:

Property damage clauses in commercial general liability insurance policies do not cover computer data and information. Such data should be considered intangible property due to its lack of tangible characteristics and its similarity to intangibles such as copyrights. Most courts have taken the position that such data is intangible and therefore not covered by property damages clauses.

United States, Laws, regulations and rules, Information technology, Intangible property, Intangible assets, Offenses against property, Crimes against property, Information systems

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