Remedies for an Insurer's Breach of the Duty to Defend: A Policyholder's Perspective

Topics:
Insurance
Tags:
Business Operations,
Corporate Insurance,
Insurance,
Insurance Company,
Policyholder
Source:
Haynes and Boone

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Overview: Liability policies provide two primary benefits to the policyholder: the promise to pay the policyholder's defense in a suit brought against him and the promise to pay a possible judgment or settlement on behalf of the policyholder. Both promises are important, but it is the promise to defend that often becomes more significant to the policyholder. This paper explores the various remedies for an insurer's breach of the duty to defend. It begins with breach of contract. The paper also addresses the possibility of imposing Article 21.55 against the insurer in the context of an insured's request for a defense under liability policies.

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Format: PDF | Size: 335KB | Date: Jan 2002 | Pages: 46

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