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BT Policyholder Protection Blog
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13 Jul 2017 Is a Claimant’s Misnomer the Be-All, End-All in an Insurance Coverage Dispute?

  Does your company have subsidiaries, a parent corporation, or a sister company? If so, one scenario you should consider is when a claimant that should have sued your company instead sues one of those other entities. Because you know the claimant’s grievance is ultimately with your company, your company defends and pays the claim despite not technically being named in the litigation. To make matters worse, you then realize the entity named as a defendant is not listed as a named insured under your insurance policy. If you find yourself in this situation, are you out of luck when it comes to getting insurance coverage for that claim?   Not always. Your insurance carrier will surely pounce on this technicality and try to convince…

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19 Sep 2016 Across State Lines: Fighting Back Against Your Carrier’s Forum-Shopping

  Co-authored by John Fischer and Abby Vineyard.   If you have ever been involved in a coverage dispute with your insurance carrier, you likely already know the importance of determining which state’s law will apply.  This is because different courts interpret the same policy language differently – what is covered under one state’s law may be outside the scope of coverage under the law of a different state, even under identical policy language.  Thus, the question of which state’s law will apply is often decisive on the question of whether coverage exists.   Insurance carriers know this, too, and will try to find a way to ensure that the law of the state that is friendlier to carriers will apply to the dispute.  In general, a litigant…

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