The Battle Between The Courts And Coverage –How To Handle The Innocent Co-Insured
- Topics:
- Property
- Source:
- Fineman Krekstein & Harris, P.C.
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Overview: This article describes the development of the law on coverage for innocent co- insured and the policy considerations that affect courts interpretations of policies. It also examine how articles and modifiers interact to determine coverage, and how a severability of interests clause may or may not determine whether the insurer owes coverage to the innocent co- insured, and how the language of the policy determines coverage in various fact patters. Because of the harshness of potentially denying an innocent co- insured of the right to recover, the courts have also compelled coverage even when the policy language excludes recovery for any insured. In these instances, the courts have focused upon the severability of interest clause. Thus, when dealing with a claim involving an innocent co- insured, any practitioner must assume that the courts will try to find coverage.
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Format: PDF | Size: 35KB | Date: Jan 2003 | Pages: 12
