Fundamentals of Insurance Coverage in all 50 States 2nd Edition
Bradley W. Matthiesen, Gary L. Wickert & Douglas W. Lehrer
Price: $225.00 1178 pages. 1 Hardcover Volume. Published April 2008
ISBN-13: 978-1-57823-241-3
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Table of Contents:
PREFACE
ALABAMA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limits of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Consequences of Failure to Defend
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(Ala. Stat. § 27)
2. Implied Covenant of Good Faith and Fair Dealing
3. Conflict of Interest
B. Insurer’s Duty to Third Party Claimants
1. Implied Covenant of Good Faith and Fair Dealing
C. Insurer’s Duty to its Excess Insurer
VII. Policy Defenses
A. Cooperation
1. Failure to Cooperate May Bar Coverage
B. Notice
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Occurrence/Accidental Event
1. Trigger of Coverage for Tort Claims
2. Expected/Intended
B. Damages Because of Bodily Injury
C. Damages Because of Property Damages
D. Property Damage and Economic Loss
E. Policy Exclusions
1. Insured’s Owned Property Exclusion Clause
2. Pollution Exclusion Clause
ALASKA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
5. Extinguishing the Duty to Defend
B. Duty of Insurer to Give Notice of Intent to Deny
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(Alaska Ins. Code § 21.36.125)
2. Implied Covenant of Good Faith and Fair Dealing
B. Insurer’s Duty to Third Party Claimants
VII. Policy Defenses
A. Cooperation/Voluntary Payments
B. Notice
1. Breach of Notice Is Defense to Coverage
2. Substantial Prejudice
C. Misrepresentation
1. False Statements
2. Intent
3. Materiality
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Occurrence/Accidental Event
1. Property Damage and Trigger of Coverage
2. Expected/Intended
B. Allocation
C. Damages and Equitable Relief
D. Property Damage and Economic Loss
E. Policy Exclusions
1. Pollution Exclusion Clause
2. Insured’s Owned Property Exclusion Clause
ARIZONA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Consequences of Failure to Defend
3. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Practices and Fraud Act
(A.R.S. § 20-46)
2. Implied Covenant of Good Faith and Fair Dealing
B. Insurer’s Duty to Non-Insureds
VII. Policy Defenses
A. Cooperation
B. Notice
1. Breach of Notice Is Defense to Coverage
2. Substantial Prejudice
C. Voluntary Payments
D. Misrepresentation
1. False Statements
2. Intent
3. Materiality
E. Breach of Warranty
F. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Occurrence/Accidental Event
1. Property Damage and Trigger of Coverage
2. Expected/Intended
B. Allocation
C. Property Damage and Economic Loss
D. Fear of Future Illness is Not Bodily Injury
E. Policy Exclusions
1. Pollution Exclusion Clause
ARKANSAS
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Construction Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
3. Indemnity Agreements Between Insureds
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(A.C.A. Tit. 23, Ch. 66)
2. Implied Covenant of Good Faith and Fair Dealing
VII. Policy Defenses
A. Cooperation
B. Notice
1. Breach of Notice Is Defense to Coverage
2. Substantial Prejudice
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Occurrence/Accidental Event
1. Expected/Intended
2. Number of Occurrences
B. Damages Because of Property Damage
C. Policy Exclusions
1. Pollution Exclusion Clause
CALIFORNIA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
3. Tort – Cal. Ins. Code § 790.03
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created or Enlarged During Policy Period
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of Duty
2. Scope of the Duty
3. Duty of Excess Insurer to Defend
4. Consequences of Failure to Defend
5. Control of Defense
6. Termination of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(Cal. Ins. Code § 790.03)
2. Implied Covenant of Good Faith and Fair Dealing
B. Insurer’s Duty to Third Party Claimants
1. Statutory Action
C. Insurer’s Duty to Its Excess Insurer
1. Equitable Subrogation (Contract Duty)
2. Duty Implied in Law
VII. Insured’s Duty of Good Faith and Fair Dealing
VIII. Policy Defenses
A. Voluntary Payments
B. Cooperation
1. Failure to Cooperate May Bar Coverage
2. Limitations on Cooperation Defense
C. Notice
1. Failure to Provide Notice May Bar Coverage
2. Substantial Prejudice
3. Waiver
D. Misrepresentation
1. False Statements
2. Materiality
3. Waiver
E. Breach of Warranty
F. Failure to Pay Premiums
IX. Environmental Issues and Insurance Law
A. Duty to Defend PRP Notice Letter
B. Occurrence/Accidental Event
1. Bodily Injury and Trigger of Coverage
2. Property Damage and Trigger of Coverage
3. Expected/Intended
4. Loss-in-Progress Rule
5. Number of Occurrences
C. Allocation
1. Horizontal vs. Vertical Exhaustion
2. Allocation Among Insurers
3. Allocation Between Insurers and Policyholders
4. Defense Costs vs. Indemnity Costs
D. Damages Because of Property Damage
E. Damages Because of Bodily Injury
F. Personal Injury Liability Coverage
G. Policy Exclusions
1. Insured’s Owned Property Exclusion Clause
2. Pollution Exclusion Clause
COLORADO
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created or Enlarged During Policy Period
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Competition-Deceptive Practices
(C.R.S. § 10-3-1104 (1988))
2. Implied Covenant of Good Faith and Fair Dealing
VII. Policy Defenses
A. Cooperation
B. Notice
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Duty to Defend in Absence of Lawsuit
B. Occurrence/Accidental Event
1. Property Damage and Trigger of Coverage
2. Expected/Intended
C. Damages and Equitable Relief
D. Allocation
E. Personal Injury Liability Coverage
F. Policy Exclusions
1. Insured’s Owned Property Exclusion Clause
2. Pollution Exclusion Clause
CONNECTICUT
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created or Enlarged During Policy Period
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(C.G.S.A. § 38a-815)
2. Implied Covenant of Good Faith and Fair Dealing
B. Settlement Offers
VII. Policy Defenses
A. Cooperation
B. Notice
C. Misrepresentation
1. False Statements
2. Materiality
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Duty to Defend PRP Notice Letter
B. Occurrence/Accidental Event
C. Allocation
D. “Damages” Because of “Property Damage”
E. Personal Injury Liability Coverage
F. Policy Exclusions
1. Pollution Exclusion Clause
2. Lead Exclusion Clause
3. Insured’s Owned Property Exclusion Clause
DELAWARE
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Consent of the Insurer
2. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Control of the Defense
3. Termination of the Duty
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Practices in the Insurance Business
(18 Del. C. § 2304)
2. Implied Covenant of Good Faith and Fair Dealing
B. Insurer’s Duty to the Excess Insurer
VII. Policy Defenses
A. Cooperation
1. Failure to Cooperate May Bar Coverage
B. Notice
C. Misrepresentation
1. False Statements
2. Materiality
D. Breach of Warranty
VIII. Environmental Issues and Insurance Law
A. Duty to Defend in Absence of Suit
B. Occurrence/Accidental Event
1. Expected/Intended
2. Trigger
C. Damages and Equitable Relief
D. Property Damage and Economic Loss
E. Policy Exclusions
1. Pollution Exclusion Clause
2. Insured’s Owned Property Exclusion Clause
3. Products-Completed Operations Hazard Exclusion
Clause
DISTRICT OF COLUMBIA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Settlement Offers
VII. Policy Defenses
A. Cooperation
1. Failure to Cooperate May Bar Coverage
B. Notice
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Duty to Defend PRP Notice Letter
B. Occurrence/Accidental Event
1. Bodily Injury and Trigger of Coverage
2. Property Damage and Trigger of Coverage
3. Expected/Intended
C. Damages and Equitable Relief
D. Policy Exclusions
1. Pollution Exclusion Clause
FLORIDA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(F.S.A. §§ 626.9541(a) and 624.155)
2. Implied Covenant of Good Faith and Fair Dealing
B. Insurer’s Duty to Third Party Claimants
C. Primary Insurer’s Duty to Excess Insurers
VII. Policy Defenses
A. Cooperation
B. Notice
C. Misrepresentation
1. False Statements
2. Materiality
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Duty to Defend in Absence of Suit
B. Occurrence/Accidental Event
1. Trigger of Coverage for Tort Claims
2. Property Damage and Trigger of Coverage
3. Expected/Intended
C. Allocation
D. Damages and Equitable Relief
E. Property Damage and Economic Loss
F. Policy Exclusions
1. Insured’s Owned Premises Exclusion Clause
2. Pollution Exclusion Clause
GEORGIA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance
B. Missing Insurance Policies
1. Extent of Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
B. Duty of Insurer to Investigate
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Trade Practices Act
(O.C.G.A. § 33-6-3, et seq. and § 33-6-34)
2. Implied Covenant of Good Faith and Fair Dealing
VII. Policy Defenses
A. Cooperation
B. Notice
1. Breach of Notice Is Defense to Coverage
2. Substantial Prejudice
3. Waiver
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Occurrence/Accidental Event
1. Trigger of Coverage for Tort Claims
2. Property Damage and Trigger of Coverage
3. Expected/Intended
B. Damages and Equitable Relief
C. Property Damage and Economic Loss
D. Personal Injury Liability Coverage
E. Policy Exclusions
1. Insured’s Owned Property Exclusion Clause
2. Pollution Exclusion Clause
HAWAII
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Consequences of Failure to Defend
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(Haw. Rev. Stat. § 431:13-103)
2. Implied Covenant of Good Faith and Fair Dealing
VII. Policy Defenses
A. Cooperation
B. Notice
C. Misrepresentation
1. False Statements
2. Intent
3. Materiality
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Occurrence/Accidental Event
1. Property Damage and Trigger of Coverage
2. Expected/Intended
B. Damages Because of Bodily Injury
C. Personal Injury Liability Coverage
D. Policy Exclusions
1. Pollution Exclusion Clause
IDAHO
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Consequences of Failure to Defend
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(Idaho Code §41-1329)
2. Implied Covenant of Good Faith and Fair Dealing
B. Insurer’s Duty to Third Party Claimants
VII. Policy Defenses
A. Cooperation
B. Notice
1. Breach of Notice Is Defense to Coverage
2. Substantial Prejudice
C. Misrepresentation
1. False Statements
2. Materiality
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Duty to Defend PRP Notice Letter
B. Occurrence/Accidental Event
1. Trigger of Coverage for Tort Claims
2. Property Damage and Trigger of Coverage
3. Expected/Intended
C. Damages and Equitable Relief
D. Property Damage and Economic Loss
E. Policy Exclusions
1. Pollution Exclusion Clause
2. Insured’s Owned Property Exclusion Clause
ILLINOIS
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
5. Duty of Primary Insurer to Excess Insurer
B. Duty of Insurer to Indemnify
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Improper Claims Practices Act
(215 I.L.C.S. §§ 5/154.5 and 154.6)
2. Implied Covenant of Good Faith and Fair Dealing
B. Insurer’s Duty to Third Party Claimants
VII. Policy Defenses
A. Cooperation
B. Notice
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Duty to Defend PRP Notice Letter
B. Occurrence/Accidental Event
1. Trigger of Coverage for Tort Claims
2. Property Damage and Trigger of Coverage
3. Expected/Intended
4. Known Risk Is Not Insurable Occurrence
(Fortuity Requirement)
C. Damages and Equitable Relief
D. Property Damage and Economic Loss
E. Allocation
F. Personal Injury Liability Coverage
G. Policy Exclusions
1. Pollution Exclusion Clause
2. Insured’s Owned Property Exclusion Clause
3. Lead Paint Exclusion Clause
INDIANA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
D. Limitations of “Constructions Against Insurer” Rule
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(I.C. § 27-4-1-4.5)
2. Implied Covenant of Good Faith and Fair Dealing
3. Breach of the Duty of Good Faith and Fair Dealing
B. Insurer’s Duty to Third Party Claimants
1. Implied Covenant of Good Faith and Fair Dealing
VII. Policy Defenses
A. Cooperation
B. Notice
1. Sufficiency of Notice
2. Breach of Notice Is Defense to Coverage
3. Substantial Prejudice
4. Waiver
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
A. Duty to Defend Administrative Proceedings
B. Occurrence/Accidental Event
1. Trigger of Coverage for Tort Claims
2. Property Damage and Trigger of Coverage
3. Expected/Intended
C. Damages and Equitable Relief
D. Damages Because of Property Damage
E. Personal Injury Liability Coverage
F. Policy Exclusions
1. Pollution Exclusion Clause
2. Owned Property/Alienated Premises Exclusion Clause
IOWA
I. The Contract of Insurance
A. Proving the Existence and Terms of Insurance Policies
B. Missing Insurance Policies
1. Extent of the Burden of Proof
2. Proof of Contents of Missing Policies
II. Procedural Considerations
A. Law Governing the Insurance Policy
B. Direct Action Statutes
C. Statutes of Limitations
1. Breach of Contract
2. Tort – Bad Faith
III. Construction and Interpretation
A. What Is An Ambiguity?
B. General Contract Rules For Resolving Ambiguities
C. Rule That Ambiguities Are Resolved Against Insurer
IV. Extent of Risks and Coverage
A. Insurable Risks
1. Expectations of the Parties
2. Liability Created By Statute
B. Insurability of Punitive Damages
C. Assignment and Transfer of Policies of Insurance
1. Transfer of Insured Property
2. Assignability of Policy
3. Consent of the Insurer
4. Exceptions to Consent Requirement
5. Reorganizations and Acquisitions
V. Rights and Obligations of the Parties
A. Duty of Insurer to Defend
1. Trigger of the Duty
2. Duty of Excess Insurer to Defend
3. Consequences of Failure to Defend
4. Control of the Defense
VI. Insurer’s Duty of Good Faith and Fair Dealing
A. Insurer’s Duty to the Insured
1. Statutory Source/Unfair Claims Settlement Practices Act
(I.C.A. § 507B.4)
2. Implied Duty to Third Party Claimants
B. Insurer’s Duty to Third Party Claimants
VII. Policy Defenses
A. Cooperation
B. Notice
1. Breach of Notice Is Defense to Coverage
2. Substantial Prejudice
C. Misrepresentation
1. False Statements
2. Materiality
3. Intent
D. Breach of Warranty
E. Failure to Pay Premiums
VIII. Environmental Issues and Insurance Law
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